How can I modify or revoke a will?

In Wisconsin, a will can be modified or revoked in three basic ways. The first way is to create a new will that expressly revokes the old will. The new will must be executed in accordance with the statutory requirements for a valid will, which includes, but is not limited to, being in writing, signed by the testator, and witnessed by two persons. This new will would supersede the old will and the new testamentary dispositions would take effect upon death. The second way to modify or revoke a will is through the execution of what is known as a “codicil.” A codicil is a document that is drafted to make changes to a previously executed will, and it must be executed in accordance with the same formalities of a valid will, as stated above. The third way to modify or revoke a will is by a writing that is signed and dated by the testator showing a clear intent to revoke the will. This is known as a “revocation in writing.” The writing must clearly indicate an intent to revoke the will and must be signed and dated by the testator. It is important to note that if the testator revokes or modifies a will, the new will or the codicil must be surrender to the court where the original will was probated, otherwise it cannot be admitted to probate. Additionally, any modifications made to the will must be consistent with the testator’s wishes.

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How can I modify or revoke a will?

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