Revocation of a Minnesota Will

Revocation of a Minnesota Will

The revocation of a Minnesota Will can be accomplished either by a written document, or by a physical act.

Revocation of a Minnesota Will by a Written Document

If a Will maker executes a new Minnesota Will which expressly revokes an earlier Will, the earlier Will is thereafter null and void.

However, if a new Minnesota Will does not expressly revoke an earlier Will, the signing of a new Will can be effective to revoke an earlier Will if the Will maker intended the new Will to replace, rather than supplement, the earlier Will.

Presumed Revocation of a Minnesota Will by a Written Document

A Will maker is presumed to have intended that a new Minnesota Will replace, rather than supplement, an earlier Will, if the new Will completely disposes of the Will maker’s estate.

No Presumed Revocation of a Minnesota Will by a Written Document

However, a Will maker is presumed to have intended that a new Minnesota Will supplement, rather than replace, an earlier Will if the new Will does not completely dispose of the Will maker’s estate.

Revocation of a Minnesota Will by a Physical Act

If a Will maker performs a physical act with the intent of achieving the revocation of a Minnesota Will – such as burning, tearing, canceling, obliterating, or destroying all or part of an earlier Will – the earlier Will is thereafter null and void, whether or not such physical act visibly altered any of the words printed on the earlier Will.

Partial Revocation of a Minnesota Will – Changes

In general, any changes or alterations to a Minnesota Will must be signed and witnessed in the same manner as the original Will, in order to achieve at least a partial revocation of a Minnesota Will.

Therefore, since the signature and witnessing requirements for a Minnesota Will can create doubt as to the effectiveness of such changes, it is not advisable to:

• cross out an original name, term, or provision in a Minnesota Will, and
• replace it with a different name, term, or provision.

Rather, a Will maker should execute a new Minnesota Will any time that changes are desired to be made to an existing Will.

Contracts Not to Revoke a Minnesota Will

If two spouses want to have Minnesota Wills which cannot be revoked by the surviving spouse, they may enter into a mutual contractual obligation with respect to such objectives, providing that there is:

(i)        a separate contractual writing signed by each of the spouses, and

(ii)       an express reference to such a contract in each of their Minnesota Wills, together with extrinsic evidence proving the terms of such a contract.

Alternatively, there must be express provisions in their Minnesota Wills stating the material provisions of such a contract.

Normal contractual requirements will apply to the creation of any contract not to revoke a Will.

Revocation of a Minnesota Will by a Change in Circumstances

There are generally only two circumstantial changes that will result in the automatic revocation of certain Minnesota Will provisions:

1. The murder of the Will maker by one of the Will’s beneficiaries; and
2. A divorce involving the Will maker.

Minnesota Will – Divorce Involving a Will Maker

With a few limited exceptions, the dissolution or annulment of a marriage revokes:

(1)       any gift of property made in a Minnesota Will by a Will maker to the Will maker’s former spouse; and

(2)       any nomination in a Minnesota Will of the Will maker’s former spouse to serve in any fiduciary or representative capacity, such as a personal representative, executor, trustee, conservator, agent, or guardian.

Revocation of a Minnesota Will – Conclusion

Please contact Minnesota Attorney Gary C. Dahle for assistance with the revocation of a Minnesota Will.

Copyright 2018 – All Rights Reserved.

No claim to original government works.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390     Fax: 763-780-1735

[email protected]

North Dakota Probate, Mineral Rights, and Real Estate

In addition to Minnesota Probate Law, Attorney Gary C. Dahle also provides services with respect to North Dakota probate law.

• North Dakota Probate
• North Dakota Ancillary Probate
• North Dakota real estate, and mineral rights issues .

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota Wills involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney, or retain an attorney of your choice.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the State of North Dakota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota or North Dakota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

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