Can a Spouse Destroy a Will and Say It Never Existed?

Can a Spouse Destroy a Will and Say It Never Existed?

Ethically and legally, no of course not.

But practically, yes, if she has the original will. Here’s why:

Presumed revoked: if a person’s will is lost or disappears while in his own possession, it’s considered intentionally revoked/destroyed.

This means that even if you can find a signed copy (say, on file with the attorney), it won’t matter because legally the will is considered rescinded

So, you should keep your original will with your attorney or file it with the court.

This way if the original gets lost, or destroyed, it is possible to still use a copy (not easy, but possible).

[Previously posted on Quora]

Call to Request a Free Consultation

Involved with a probate estate? Writing your will?  Pick up a copy of my book:

How Probate Works Cover 3D

How Probate Works: A Guide for Executors, Heirs, and Families

Available at

Questions answered in the book:

A testimonial from a reader:

⭐⭐⭐⭐⭐ “As I begin down this path with my parent’s estate, I found this resource very helpful. While the task before me now seems even more daunting than before, it’s more of an informed weight as I have an idea of what’s coming and how much it will require of me. It’s no longer the mysterious unknown that feels overwhelming, but a process that I can work through one piece at a time.”

*Disclosure: Links to my book are “affiliate links,” and as an Amazon Associate, I earn from qualifying purchases.