Accidental (implied or tacit) revocation concerning wills refers to a situation where a person unintentionally revokes or cancels their existing will through certain actions or circumstances. This type of revocation occurs when the testator (the person who made the will) takes actions that indicate their intention to revoke the will, even if it was not their explicit intention.
Examples of accidental revocation can include destroying or altering the original will, creating a new will that does not explicitly revoke the previous one, or making significant life changes that imply a change in their testamentary wishes. These actions can create ambiguity and confusion about the validity and intent of the testator’s will.
It’s important to note that accidental revocation can have legal consequences, as the revoked will may no longer be considered valid or enforceable. To avoid accidental revocation, it is crucial to handle and store the original will carefully, seek legal advice when making changes or creating new wills, and communicate any changes in testamentary wishes clearly.
If there is uncertainty about the revocation of a will due to accidental actions or circumstances, it is recommended to consult with an attorney who specializes in estate planning and probate law. They can assess the situation, review any available evidence, and provide guidance on the legal implications and potential solutions to ensure the testator’s intentions are properly addressed.
