Also known as: revocatory act · revocation by act
Written by attorneys · grounded in primary & secondary sources — see below
A physical act performed on a will or any part of it with the intent and purpose of revoking the instrument. Qualifying acts include burning, tearing, canceling, obliterating, or destroying the document, and the act remains effective even if it does not touch any written words.
Raymond Ramos retrieved his executed will from a desk drawer after arguing with his children over asset divisions. He carried the document to the fireplace and watched it burn completely to ashes. The destruction occurred with the clear purpose of ending the testamentary plan, so the will no longer controls the distribution of his estate.
Renee Rogers executed a second will that replaced her original instrument in full. Months later she tore the second will in half during a family disagreement and declared her intent that the first will should govern instead. The tearing revoked the second will by act, allowing the earlier will to revive under the circumstances of her declarations.
Select any source to read its text and confirm it supports the definition.
No. The statute provides that burning, tearing, or canceling qualifies as a revocatory act whether or not the mark reaches any of the words on the will. Intent to revoke combined with the physical act on the document itself is sufficient.
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Yes. A revocatory act performed on part of the will with the required intent revokes that portion while leaving the remainder intact unless the act or surrounding facts show broader intent.
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Direct statements by the testator at the time of the act or circumstantial facts such as the timing after a dispute over the will's terms can establish intent. The act must be performed for the purpose of revocation rather than by accident or mistake.
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No. The revocatory act must be performed on the specific document sought to be revoked. Physical separation and the absence of any act directed at the codicil itself leave that instrument unaffected.
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