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estate planning

Revocation

The act by which a testator cancels a will, accomplished by physical destruction, execution of a later inconsistent will, or operation of law such as divorce.

Encyclopedia entry: Revocation

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revocation

Revocation is an annulment or cancellation of a statement or agreement. 

In the context of contracts , revocation may refer to the offeror canceling an offer . For example, California Civil Code § 1586 provides that an offer “may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.” Revocation may also refer to a buyer’s rejection of goods that do not conform to the contract specifications. For example, the Uniform Commercial Code § 2–608 states that “[t]he buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him. . .”  

In the context of wills , revocation may refer to the invalidation of a will by the testator . For example, California Probate Code § 88 defines “will” as any “codicil any testamentary instrument which. . . revokes. . . another will.” That is, under the California law on wills, the modification of an existing or creation of a superseding will effectively revoke the existing will. 

In the context of trusts , revocation refers to the termination of a revocable trust or revocable living trust by the settlor .  

[Last reviewed in April of 2021 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.