The law regarding the requirements for revoking a will varies from state to state. But a will generally may be revoked, in whole or in part, by a subsequent will, codicil, or written declaration executed with the formalities of making a will, or by the testator destroying or canceling the will, or causing it to be destroyed or canceled in his presence. And a will that has been revoked in part may be admitted to probate—but the revoked provisions will not be effective.
A will can be expressly revoked—in whole or in part—by inserting a revocation clause in a later will, codicil, or written declaration stating that the testator revokes all prior wills and codicils—or by revoking a specific bequest in an earlier will ("I revoke my bequest to the University.").
Or a will can be revoked by implication, in whole or in part, when the testator makes a different disposition of identical properties in a subsequent will, codicil, or written declaration. In this instance, the later will or codicil revokes the earlier will or codicil—but only to the extent the two are inconsistent.
And the testator can cancel the entire will by marking through all of the dispositive provisions of the will, or writing "canceled," "void," or "annulled" through the signature line, or through all of the dispositive provisions. The testator can cancel part of a holographic will by making changes to one or more provisions in the will. There is no requirement that the testator re-sign the holographic will after making changes to it, or initial the changes. For an attested will (signed by attesting witnesses), the testator can cancel part of the will by making changes with the same formalities required for an attested will—or the testator can execute a new will, expressly revoking all prior wills and codicils. And the testator can revoke the entire will by destroying it—such as by shredding, tearing, or burning it.
Once a will is revoked, it remains revoked unless it is re-executed with the necessary formalities, or is republished by a codicil.
In Texas, a will may be revoked by the testator in several ways. A testator can revoke a will, in whole or in part, by creating a subsequent will, codicil, or written declaration that is executed with the same formalities required for making a will. This includes expressly stating the revocation of all prior wills or specific provisions within them. A will can also be revoked by implication if a later document makes a different disposition of the same property, thereby creating inconsistencies with the earlier will. Additionally, a testator can revoke a will by physically destroying it, such as by tearing, burning, or shredding it, or by marking through the dispositive provisions or signature line with the intent to cancel it. For holographic wills (handwritten wills), the testator can make changes directly on the document without the need to re-sign or initial the changes. However, for attested wills (those witnessed by others), any partial revocation must be done with the same formalities as creating a new will. Once a will is revoked, it can only be reinstated if it is re-executed with the necessary formalities or republished through a codicil.
