Revocation of a will

[Aforek]

Hello 

 

I made a will in Thailand with a lawyer and I have made later an other with my amphoe ( better ) 

I want to revoke the first will : I sent an e-mail for this to the lawyer but he doesn't answer

when searching in Google, I found this

"

Section 1695. Revocation by Intentional Destruction
Where a will is embodied in one document only, the testator can revoke it wholly or partly by intentional destruction or cancellation.

Where the will is embodied in several duplicates, such revocation shall not be complete unless it is effected in all the duplicates "

 

To my knowledge, there is only one document ; what can I do ? destruction ? 

in my country, when there is two wills, the last one is the valid one

 

thanks 

[Gottfrid]

You could try and visit the lawyers office, as this is very important for you. You can try and call the lawyers office, is it´s far. However, you might need to show up in person anyway to cancel the will. I do not think they will do that by e-mail nor phone.

As you say, in your country, like in mine, the last will rules. However, here it might be different and it will be much easier for Thai´s to contest your wishes. It might also be that the will held by the lawyer reign supreme or the Amphur.  You should really do more than just send a mail.

[lungbing]

Surely if you put a clause in the latest will specifically revoking the earlier one that should do it?

[Dan O]

Any subsequent will invalidates prior wills as long as the new will can be produced and is dated and notarized and has confirmable signatures

Edited August 11, 2023 by Dan O
Spelling

[soisanuk]

9 hours ago, Dan O said:

Any subsequent will invalidates prior wills as long as the new will can be produced and is dated and notarized and has confirmable signatures

Most new wills will include a statement that all previous wills are revoked, which should be sufficient.  If you put that statement in your latest will, that should be sufficient for the probate judge to bar any claims to your estate based on the prior will. 

[prakhonchai nick]

10 hours ago, Dan O said:

Any subsequent will invalidates prior wills as long as the new will can be produced and is dated and notarized and has confirmable signatures

Why does a Will need to be notarised.? Not necessary in my experience!

[bignok]

10 hours ago, lungbing said:

Surely if you put a clause in the latest will specifically revoking the earlier one that should do it?

Exactly. I revoke all previous wills. First thing you do.

 

Google wills. Get a temple. Fill it out. 

[OneMoreFarang]

14 hours ago, Aforek said:

I sent an e-mail for this to the lawyer but he doesn't answer

Did you pay the lawyer to keep that document for you?

If you just hired the lawyer to prepare it, then I guess it's not his job to "keep it". I don't imagine a file on a computer system is good enough.

So basically, if you didn't hire the lawyer to keep it, then I guess you can assume he doesn't have your will.

[Dan O]

1 hour ago, prakhonchai nick said:

Why does a Will need to be notarised.? Not necessary in my experience!

The notary is for your signature. Its not absolute necessary but is recommended along with the witness 

[Dan O]

47 minutes ago, bignok said:

Exactly. I revoke all previous wills. First thing you do.

 

Google wills. Get a temple. Fill it out. 

The clause isn't necessary or required but doesn't hurt.  Once you write the new will, sign, date and have it witnessed it renders the older will null and void. 

[Dan O]

1 hour ago, soisanuk said:

Most new wills will include a statement that all previous wills are revoked, which should be sufficient.  If you put that statement in your latest will, that should be sufficient for the probate judge to bar any claims to your estate based on the prior will. 

Newer dated wills render older wills null and void

[CMBob]

14 hours ago, Aforek said:

 

.....To my knowledge, there is only one document ; what can I do ? destruction ? 

 

in my country, when there is two wills, the last one is the valid one.

As noted by others, it's wise that any new Will expressly revokes prior Wills.

And also wise to make sure all prior original Wills are destroyed.  If, for example, one's latest Will isn't located (or, perhaps,  intentionally destroyed by somebody favoring a prior Will they can locate or, perhaps, even intentionally destroyed because they favor intestate succession), then the located prior Will or intestate succession would rule (the Court here wouldn't know any difference).  Safekeeping of your latest valid Will with somebody you trust and being sure to physically destroy all originals of prior Wills would provide the best assurance that your latest desires are carried out.

[Aforek]

Thanks for your responses

the new will has two witnesses with signatures and the amphoe gave a document to the beneficiary ( I have not seen it ) 

I will go to the amphoe to see if there is a revocation clause

[brianthainess]

2 hours ago, Aforek said:

Thanks for your responses

the new will has two witnesses with signatures and the amphoe gave a document to the beneficiary ( I have not seen it ) 

I will go to the amphoe to see if there is a revocation clause

Why did you not make a copy to keep? 

[Social Media]

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[khunPer]

22 hours ago, Aforek said:

Hello 

 

I made a will in Thailand with a lawyer and I have made later an other with my amphoe ( better ) 

I want to revoke the first will : I sent an e-mail for this to the lawyer but he doesn't answer

when searching in Google, I found this

"

Section 1695. Revocation by Intentional Destruction
Where a will is embodied in one document only, the testator can revoke it wholly or partly by intentional destruction or cancellation.

Where the will is embodied in several duplicates, such revocation shall not be complete unless it is effected in all the duplicates "

 

To my knowledge, there is only one document ; what can I do ? destruction ? 

in my country, when there is two wills, the last one is the valid one

 

thanks 

Normally a later last will revokes any earlier will; it also used to a part of the opening text...

 

1. Declaration
I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.

 

Another example:

 

LAST WILL AND TESTAMENT OF

John Smith

I, John Smith, an adult residing at 5 Cherry Lane, New York, New York, being of sound mind, declare this to be my Last Will and Testament. I revoke all wills and codicils previously made by me.

 

[Seeall]

On 8/11/2023 at 4:50 PM, Aforek said:

Hello 

 

I made a will in Thailand with a lawyer and I have made later an other with my amphoe ( better ) 

I want to revoke the first will : I sent an e-mail for this to the lawyer but he doesn't answer

when searching in Google, I found this

"

Section 1695. Revocation by Intentional Destruction
Where a will is embodied in one document only, the testator can revoke it wholly or partly by intentional destruction or cancellation.

Where the will is embodied in several duplicates, such revocation shall not be complete unless it is effected in all the duplicates "

 

To my knowledge, there is only one document ; what can I do ? destruction ? 

in my country, when there is two wills, the last one is the valid one

 

thanks 

Just lazy lawyer like mine....