Cancellation Of The Will

CANCELLATION OF THE WILL

A will loses its validity especially in two cases. These are

*Revocation of the will

*Destruction (loss) of the testament

It is possible to include missing the one-month period in verbal wills here.

Undoubtedly, the result is the same in cases where the will is cancelled by a court decision.

The annulment of the marital relationship as a result of divorce or nullity also invalidates the will made in favour of the spouse.

Revocation of a Will

Since it is a unilateral legal act, the testator may revoke his will at any time until his death. His authorisation to revoke the will at any time is final. Therefore, any undertaking to renounce the right to revoke the will in advance is invalid.

Revocation of a will can be performed explicitly or implicitly.

Explicit revocation of a will

The testator can always revoke his/her previous will by making a new will, provided that it complies with any of the forms of will. In other words, it is not obligatory to make the statement of will in the form chosen in the will.

Revocation of the will may cover the whole will or a part of it. In such a case, the part that is not revoked shall remain valid.

The testator may also revoke the will by destroying it.

Implicit Revocation

Implicit revocation of a will can be realised in two different ways.

*With Death Related Disposals

*Inter-right Savings

With Death Related Disposals

If the heir makes a new will without cancelling the previous will, the subsequent will supersedes the previous will, leaving no room for doubt.

In other words, if the testator has two separate wills with different dates, the later will overrides the earlier will.

This presumption is conclusive in terms of provisions that contradict the previous will. In terms of complementary provisions, it may be claimed and proved that the will of the testator was to continue the previous will.

Inter vivos Dispositions

This way of revocation is only possible in the case of a testamentary bequest of certain property.

The inter vivos dispositions of the testator which are incompatible with the testamentary bequest of specific property shall be interpreted as his intention to revoke his will, unless it is stated in the will.

For example, if the heir sells or donates a movable or immovable property bequeathed to A to B in his/her lifetime, it indicates that he/she has revoked his/her will.

On the other hand, it is not possible to revoke the appointment of heir by inter vivos dispositions. Because, even if the heir disposes of a part of the assets of the estate, the appointment of heir remains valid. The appointed heir inherits the estate in whatever state it is at the death of the heir.

Destruction of the Will

One of the circumstances leading to the nullity of the will is the destruction of the will.

A will that is destroyed as a result of an accident or the fault of a third party, and the contents of which cannot be fully and completely determined, shall be null and void.

The loss of the will is not sufficient alone. In addition, it must not be possible to determine its scope exactly and completely.

If the content of the will can be determined, the will shall be valid; in other words, the last wishes of the testator shall be fulfilled.

If the will is destroyed by one of the heirs, that person is deprived of inheritance.

REVOCATION OF THE WILL