How is a Will Revoked?
A Will can be revoked either by written words, or by physical actions. If a person makes a new Will which expressly revokes an earlier Will, the earlier Will is thereafter null and void. However, if a new Will does not expressly revoke an earlier Will, the signing of a new Will can still be effective to revoke an earlier Will if the Will maker intended the new Will to replace, rather than supplement, the earlier Will. • A Will maker is presumed to have intended a new Will to replace, rather than supplement, an earlier Will if the new Will completely disposes of the Will makers estate. • A Will maker is presumed to have intended a new Will to supplement, rather than replace, an earlier Will if the new Will does not completely dispose of the Will maker’s estate. Such presumptions are rebuttable only by clear and convincing evidence to the contrary. If a Will maker performs a physical action with the intent of revoking an earlier Will – such as burning, tearing, canceling, obliterating, o
