When updating your estate plan, you may need to revoke or update documents like your Will or Trust. While we can't offer legal advice, we’re happy to share helpful context to support your decisions.
Revoking an Existing Will
When you sign and notarize a new Last Will and Testament, it usually takes the place of any earlier versions, which are no longer considered valid. When you validate a new Pour-Over Will (included with your Revocable Trust package), any existing Last Will & Testament you’ve created is automatically revoked.
A Pour-Over Will is a shortened version of a Will that directs any remaining assets not already placed in your trust to be transferred ("poured over") into your new Revocable Trust after death.
This ensures consistency across your estate planning documents and helps reduce confusion for your next of kin.
Once your new Will and Trust are signed, you may:
Destroy your old Will, or
Write “Superseded” clearly across the front of it
This helps avoid any confusion about which document is valid at the time your estate is settled.
Revoking an Existing Trust
Whether you need to restate your current trust or create a new one can depend on your unique situation. We cannot offer legal advice, but here’s some educational context to consider:
Should I Keep My Existing Trust Name?
The most important consideration is whether you should retain the name of your existing trust. If you have already transferred assets into your trust and re-titling will be a hassle (for example, real estate or a bank account), consider keeping the trust name and modifying the trust, rather than creating an entirely new trust.
Creating a New Trust
If your existing trust is not funded or only includes assets that are easy to move, you may choose to create a new trust with a new name.
In this case, to avoid confusion, it's generally a good idea to formally revoke the existing trust. However, this depends on your circumstances, and we recommend consulting with an attorney if you're seeking advice tailored to your specific needs.
If you create a new trust, to avoid confusion, we strongly recommend formally revoking the existing trust if it no longer serves a purpose.
Confirm that the trust is revocable
Usually, there is a provision specifically addressing this fact in the trust agreement, but your state’s trust law may also address this.
Create a written revocation
Consider attaching a signed and dated document stating that this trust has been revoked.
Notify any other trustees
If someone else is named as a trustee, it’s a good idea to notify them that the trust has been revoked.
Keep a copy for your records
Store the revocation document with your other estate planning paperwork for future reference.
While we’re happy to provide general information, we can’t confirm whether or how you should revoke your trust, as we’re not a law firm and can’t offer legal advice. If you’d like more personalized guidance, we encourage you to consult with an attorney who can help you take the right steps to ensure your wishes are clearly carried out.
However, if you’ve created any estate planning documents on the Wealth.com platform, you can always return to the Document Center. Even after marking a document as completed, you can go back and make unlimited updates at any time.
Here is a helpful article to review: How Often Should You Update Your Estate Plan?: A Comprehensive Guide