Revocation occurs by executing a later will or codicil, or by physical act including burning, tearing, or obliterating with intent to revoke. Some states recognize revocation by operation of law upon divorce.
Partial revocation by physical act is not universally permitted.
Alternative Names:
Will Revocation|Revoking a Will
Why it Matters?
Physical act revocation requires both the act and contemporaneous intent, which means damage from accident or a third party does not revoke, and a will found torn among the testator's effects raises a presumption of revocation that circumstances may rebut. Dependent relative revocation may revive a prior will where the testator revoked based on a mistaken belief that a new disposition would take effect.
Frequently Confused with
Related terms
Frequently asked questions
Does accidental damage revoke a will?
What is dependent relative revocation?
