Legislation
SECTION 3-4.1
Revocation of wills; effect on codicils
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 4
§ 3-4.1 Revocation of wills; effect on codicils
(a) Except as otherwise provided in this chapter, a revocation or
alteration, if intended by the testator, may be effected in the
following manner only:
(1) A will or any part thereof may be revoked or altered by:
(A) Another will.
(B) A writing of the testator clearly indicating an intention to
effect such revocation or alteration, executed with the formalities
prescribed by this article for the execution and attestation of a will.
(2) A will may be revoked by:
(A) An act of burning, tearing, cutting, cancellation, obliteration,
or other mutilation or destruction performed by:
(i) The testator.
(ii) Another person, in the presence and by the direction of the
testator; in which case, the fact that the will was so revoked in the
presence and by the direction of the testator shall be proved by at
least two witnesses, neither of whom shall be the person who performed
the act of revocation.
(b) In addition to the methods set forth in paragraph (a), a will may
be revoked or altered by a nuncupative or holographic declaration of
revocation or alteration made in the circumstances prescribed by 3-2.2
by any person therein authorized to make a nuncupative or holographic
will. Any such nuncupative declaration of revocation or alteration must
be clearly established by at least two witnesses; any such holographic
declaration, by an instrument written entirely in the handwriting of the
testator, although not executed and attested in accordance with the
formalities prescribed by this article for the execution and attestation
of a will.
(c) The revocation of a will, as provided in this section, revokes all
codicils thereto.
(a) Except as otherwise provided in this chapter, a revocation or
alteration, if intended by the testator, may be effected in the
following manner only:
(1) A will or any part thereof may be revoked or altered by:
(A) Another will.
(B) A writing of the testator clearly indicating an intention to
effect such revocation or alteration, executed with the formalities
prescribed by this article for the execution and attestation of a will.
(2) A will may be revoked by:
(A) An act of burning, tearing, cutting, cancellation, obliteration,
or other mutilation or destruction performed by:
(i) The testator.
(ii) Another person, in the presence and by the direction of the
testator; in which case, the fact that the will was so revoked in the
presence and by the direction of the testator shall be proved by at
least two witnesses, neither of whom shall be the person who performed
the act of revocation.
(b) In addition to the methods set forth in paragraph (a), a will may
be revoked or altered by a nuncupative or holographic declaration of
revocation or alteration made in the circumstances prescribed by 3-2.2
by any person therein authorized to make a nuncupative or holographic
will. Any such nuncupative declaration of revocation or alteration must
be clearly established by at least two witnesses; any such holographic
declaration, by an instrument written entirely in the handwriting of the
testator, although not executed and attested in accordance with the
formalities prescribed by this article for the execution and attestation
of a will.
(c) The revocation of a will, as provided in this section, revokes all
codicils thereto.