How is a will revoked in this state?
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Executing a new will revokes any prior wills either by expressly stating or by inconsistent provisions. The testator can revoke a will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke the testator's will in the same manner in the testator's presence and at his or her direction. A testator can also execute a separate signed document that declares the will is revoked and is signed and attested to in the same manner as a will. (Section 755-5/4-7) A divorce or annulment revokes any provisions as to the former spouse, and the will takes effect as if the former spouse died before the testator. (Section 755-5/4-7) Please see specific state for details and/or differences.
How is a will revoked in this state?
This is not a substitute for legal advice. An attorney must be consulted.
ALABAMA Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it. Another person can revoke the testator's Will in the same manner with the consent and direction of the testator and the presence of at least two witnesses. If a divorce or annulment is obtained after executing a Will, any provisions relating to the former spouse are revoked. Property devised to the former spouse is treated as if the spouse died before the testator. (Section 43-8-136, 137). ALASKA Executing a new Will revokes any prior Wills either by express provisions or by inconsistent provisions. Additionally, a Will can be revoked by being canceled, obliterated or destroyed with the intent and purpose of revoking it. The testator may revoke a Will in this manner or may direct another person to revoke his/her Will in the testator?s presence and at the testator?s direction. (Code Section 13.11.180). A divorce or annulment will revoke any provisions in favor of the former spouse. (Code Section 13.11.185). These provisions are interpreted as if the spouse died before the decedent. ARIZONA Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it with...
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