EDUCATIONAL PILLAR · REVOCATION
Revocation — how a will gets undone
A will can be revoked in three principal ways: by physical act on the document, by a subsequent writing (a new will or a codicil expressly revoking the prior will), or by operation of law (divorce typically revokes provisions for the ex-spouse). The doctrine of dependent relative revocation can sometimes "save" a revocation that was conditional on a mistaken belief.
Revocation by physical act
Tearing, burning, obliterating, or canceling the will — performed by the testator with the intent to revoke — revokes the will under the law of nearly every state. The act must be performed either by the testator or by another person in the testator's conscious presence and at the testator's direction. The "intent to revoke" element is what distinguishes accidental destruction from valid revocation.
Revocation by subsequent writing
A new will executed with the same formalities as the original, containing language that expressly revokes the prior will (e.g., "I revoke all prior wills and codicils"), is the cleanest revocation method. A subsequent will that is inconsistent with the prior — without express revocation language — may revoke the prior only to the extent of the inconsistency.
Revocation by operation of law — divorce
Most states have statutes providing that divorce automatically revokes provisions of a will in favor of the ex-spouse (and often, in favor of relatives of the ex-spouse). The specifics vary — some states revoke only beneficiary provisions, others extend to fiduciary appointments (executor, trustee). After divorce, re-execute or update the will.
Dependent relative revocation (DRR)
DRR is a common-law doctrine that operates as a "saving" rule. If the testator revokes Will A in the mistaken belief that Will B is valid, and Will B turns out to be invalid, a court may revive Will A on the theory that the revocation was conditional on Will B's validity. DRR is recognized by case law in most U.S. jurisdictions; per-state precedent varies and the doctrine is fact-intensive.
UPC §2-507
The Uniform Probate Code §2-507 codifies the modern pattern for revocation by act and by subsequent writing. Adopted, with variations, by most states.
Practical guidance
If you intend to revoke a will, execute a new one with express revocation language and self-proving affidavit. Physical-act revocation works but leaves intent to be litigated. After a divorce or major life event, treat the existing will as effectively suspect — re-execute. Run the decoderon any prior will whose status is uncertain.
Frequently asked questions
How do I revoke my will?
Three principal methods: (1) physical act on the document (tearing, burning, obliterating, cancellation) with intent to revoke; (2) subsequent writing — a new will or codicil that expressly revokes the prior; (3) operation of law, typically divorce. The cleanest method is a new will with express revocation language plus a self-proving affidavit.
Does divorce automatically revoke my will?
In most states, divorce automatically revokes provisions in favor of the ex-spouse and (in many states) provisions in favor of relatives of the ex-spouse. The specifics vary. After divorce or any major life event, re-executing the will is the conservative path.
What is dependent relative revocation?
A common-law doctrine that operates as a 'saving' rule. If you revoke Will A because you mistakenly believe Will B is valid, and Will B turns out invalid, a court may revive Will A on the theory the revocation was conditional. Recognition varies by state precedent and is fact-intensive.
If I tear up my will accidentally, is it revoked?
Probably not. Revocation by physical act requires both the act AND the intent to revoke. Courts will hear evidence on intent. If the will is torn but the testator did not intend to revoke, the will may still be admissible (especially if a copy is available).
Does a new will automatically revoke the old one?
Only to the extent of express revocation language ('I revoke all prior wills and codicils'), or to the extent the new will is wholly inconsistent with the old. Best practice: every new will includes express revocation. A codicil amends but does not necessarily revoke the original.