A revocation is a voluntary or intentional act that revokes or makes void some power, authority or thing granted such as a gift. Certain revocation documents are provided in the Form Library as shown under the Forms Library menu. The following is general information and references regarding revocation documents:
Beneficiary Deeds. A Beneficiary Deed makes a gift of real property to the beneficiary or beneficiaries designated in the Beneficiary Deed. A Beneficiary Deed can be revoked. Arizona Revised Statutes Section 33-405 establishes an owner’s right to gift real property in this manner and also the right to revoke that gift. A Beneficiary Deed can be revoked by executing and recording a Revocation of Beneficiary Deed or by executing a new Beneficiary Deed which gifts the real property to another beneficiary or beneficiaries. The last recorded Beneficiary Deed prior to the owner’s death will be the one that is valid and effective.
Powers of Attorney. The authority granted under a Power of Attorney can also be revoked. The forms of Powers of Attorney in the Form Library are Durable Powers of Attorney.
- Healthcare Power of Attorney. “The appointment of a person to act as an agent is effective until that authority is revoked by the principal or by court order.” Refer to Arizona Revised Statutes Section 36-3223 for more information.
- Financial Power of Attorney. The agent named under a Power of Attorney must have notice, knowledge of, the revocation of the Power of Attorney. The Power of Attorney can be revoked in a writing executed by the principal (person who executed the power of attorney) and is revoked by law on the death of the principal. For more information refer to Arizona Revised Statutes Section 14-5504.
Wills. A gift made in a Will can be revoked (1) by making an entirely new Will which revokes the prior Will or (2) by amending the Will using a document known as a Codicil which just changes a particular provision or provisions in a Will. A Codicil must be executed with the same formality as a Will. See information section on Wills for more information.