A will is revocable at any time before the testator's death, and any waiver of the right to revoke is void. A will may be revoked in three ways: by operation of law, in cases the law specifies; by a subsequent will or codicil that revokes the earlier one; or by physically destroying the will, burning, tearing, cancelling, or obliterating it, done by the testator or by another in their presence and by their direction, with the intent to revoke. Both the act and the intent to revoke must be present, and a will can be amended by a codicil executed with the same formalities.
A will is not carved in stone. As long as the testator is alive and of sound mind, they can change their mind — and the law makes sure they always can.
A Will Is Always Revocable
The Civil Code is emphatic: a will is essentially revocable at any time before the testator’s death, and any waiver or restriction of this right is void. A testator cannot bind themselves not to change their will. This protects the testator’s freedom of disposition until the very end.
The Three Ways to Revoke
1. By Operation of Law
In certain situations the law itself revokes a testamentary provision — for example, provisions in favor of a spouse may be affected by a later legal separation or annulment, and other events the Code specifies can revoke dispositions.
2. By a Subsequent Will or Codicil
A testator may revoke an earlier will by executing a later will or codicil that revokes it, either expressly (“I revoke all prior wills”) or by implication (making dispositions inconsistent with the earlier will). The later instrument must itself be validly executed with the required formalities to have this effect.
3. By Physical Destruction
A will may be revoked by burning, tearing, cancelling, or obliterating it. Two requirements are strict:
- The act of destruction must be done by the testator, or by another person in the testator’s presence and by their express direction; and
- It must be done with the intent to revoke (animus revocandi).
Both the overt act and the intent must concur. A will accidentally torn or destroyed without intent to revoke is not revoked; conversely, a wish to revoke without any act does not revoke it.
Amending a Will: The Codicil
To change part of a will without redoing the whole thing, a testator executes a codicil — a supplement that adds to, explains, or alters the will. Crucially, a codicil must be executed with the same formalities as a will (notarial or holographic requirements). It is not enough to scribble a change on the will; that generally does not amend it validly. The codicil, once executed, is read together with the will.
Effect and Revival
When a will is validly revoked, it ceases to have effect. If a later will that revoked an earlier one is itself revoked, the earlier will is not automatically revived unless the testator so provides or re-executes it — a trap for the unwary. Because these interactions are technical, changes should be made deliberately and formally.
Practical Advice
- To change your will, execute a proper new will or codicil with full formalities — do not just cross things out.
- If you destroy a will to revoke it, do so yourself (or by direction in your presence) and with clear intent, and keep it consistent with any new will.
- Remember that revoking a later will does not automatically revive an earlier one — make your intentions explicit.
Frequently Asked Questions
Can I change my will after I make it? Yes. A will is revocable at any time before death, and any waiver of that right is void. You can revoke it or amend it by a codicil executed with the same formalities as a will.
How do I revoke a will? By operation of law in cases the law specifies, by a later valid will or codicil that revokes it, or by physically burning, tearing, cancelling, or obliterating it, done by you or by your direction in your presence, with the intent to revoke.
Is tearing up my will enough to revoke it? Only if done with the intent to revoke, by you or by someone in your presence at your direction. An accidental destruction without intent does not revoke it, and intent alone without an act does not either.
How do I amend just part of my will? By executing a codicil, a supplement that alters the will, using the same formalities as a will. Simply writing changes on the will generally does not validly amend it.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you need to update or revoke a will, our firm can prepare a proper codicil or new will that holds up. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.