Revocation means that you want to revoke something. You want to undo something you’ve done. Revocation can apply to a last will and testament, power of attorney, deed, or other legal document. Below, we discuss how to revoke legal documents.
Definition of Revocation
Revocation is a form of cancellation of a decision or document.
In the legal sense of the word, revocation means an annulment or cancellation of a statement, agreement, or document. There are many forms of revocation and estate planning documents you might choose to revoke. We discuss a few of these commonly revoked documents below.
How to Revoke a Power of Attorney
One estate planning document you might choose to revoke is a power of attorney. Here’s what you need to know about this topic:
What Is a Power of Attorney?
A power of attorney (POA) names someone you give permission to act on your behalf. The power of attorney can be limited to a certain purpose, such as selling your home or very broad in nature where your named agent has the right to make the same types of decisions and conduct the same types of transactions you can do for yourself.
Ways to Revoke a Power of Attorney
There may be several ways to revoke a power of attorney or for it to lose its legal effect. Here is how that can occur:
You Revoke the Power of Attorney
You can revoke the power of attorney by following state law. You can get help from an estate planning lawyer about how to accomplish this. Depending on state law, this may include:
- Writing a document that identifies the POA and says that it is revoked. The document might need to be notarized. You may have to notify the agent you named in the POA and anyone who is currently acting under the instructions of the POA. If you recorded the POA in court, you would also want to file a notice of revocation with the court.
- Tearing up any existing originals and copies of the POA.
You Make a New Power of Attorney
You might be able to make a new POA. The new POA may state that it revokes any previous POAs.
An Event Occurs
Your power of attorney may specify how long the powers you have delegated remain in effect. For example, it may limit the powers to a transaction like selling your vehicle. Once your vehicle is sold, the POA is no longer in effect. Or, the POA could state that it will be in effect for a certain period, such as one year. After that year is over, so is the POA.
A Loved One Challenges the POA
If a loved one thinks that the POA is fraudulent or that you did not have the requisite mental capacity to validly make the POA, they might challenge it. This may require opening a case in court. If the court rules in their favor, they may order the POA be revoked. The loved one could then provide the court order to entities acting under the direction of the POA so they can cease.
The Principal Dies
The powers designated in a POA expire at the time of the principal’s death, though there are other documents that may allow an agent to tend to the body and final arrangements.
The Principal Becomes Incapacitated
If the principal (the person creating the POA) becomes incapacitated and the POA is not durable, the POA may become invalid.
How to Revoke a Last Will and Testament
The word revocation is often used in relation to the revocation of a last will and testament. A last will and testament states your wishes for the final distribution of your property after your death. You generally maintain revocatory power, so you can freely revoke your will as long as you have the mental capacity to do so.
There are usually several accepted forms of revocation of a last will and testament. The best way to revoke a will is usually to create a new will and state that it revokes all prior wills. Other ways to revoke a will may include:
- Writing a document with the same formalities used to create your will that says you are revoking your former will
- Preparing a codicil or amendment to your existing will making the changes you want, following the same formalities as you did when creating your will
- Express revocation by committing a physical act to destroy or obliterate the will, such as burning it, canceling it, tearing it, or asking someone else to do these things to the physical document
- Revoking provisions by operation of law. For example, in some states, if you get divorced, any provision that benefited your former spouse may be automatically revoked. Depending on the circumstances, this may revoke the entire will.
How to Revoke a Deed
Another document that may be revoked fairly frequently is a deed. A deed is a legal document that transfers the grantor’s ownership of a property to a new owner. This document is typically recorded in the local county clerk’s office so that an official record is made of property transfers.
There may be a few ways to revoke a deed, including:
Create and Record a New Deed
If the last deed has not been recorded, you can create a new deed that disposes of the property as you want now. However, you can only create and record this deed at the local county clerk’s office if the last deed you made has not been recorded. An owner is presumed to have superior title if they have properly recorded the deed.
Prepare a Notice of Revocation
For certain types of deeds, such as beneficiary deeds, you can file a notice of revocation in the same clerk’s office where you filed the original deed. This document states that you want the clerk to revoke the previous deed.
This is not possible with all types of deeds because you generally transfer your ownership rights when you name a new owner in the deed. However, beneficiary deeds only become effective at the time of the grantor’s death, so you can potentially revoke this type of deed during your lifetime so that the transfer never goes into effect.
Sell the Property to Someone Else
If the other deed was not recorded or it is a transfer-on-death deed and the grantor hasn’t died, you may be able to sell the property to someone else to effectively rescind the previous transaction.
Ask the Grantee to Sign the Property Back to You
If the grantee named in the deed (now the potential grantor) is agreeable and is willing to sign the property back to you, you could ask them to prepare a new deed naming you as the grantee of the property. You would need to record the new deed.
Alternatively, if they have not recorded the deed, you could ask them to destroy the deed.
File a Lawsuit to Invalidate the Underlying Transaction
If there was a problem with the underlying transaction, such as the seller did not uphold the terms of the warranty deed or committed fraud to induce the transaction, you could file a lawsuit and ask the court to rescind the underlying transaction. This is sometimes known as a “quiet title” action, which is a special type of case filed by a property owner that states that he or she is entitled to ownership of the property and free from any claim to the contrary by the buyer. A real estate lawyer may be necessary to handle this type of complex case.
Takeaway
You may be able to revoke legal documents. However, the process to revoke the document can vary based on the circumstances, the document involved, and state law.