Revocation Of Will

Revocation of a will refers to the legal process by which a testator cancels or nullifies their previously executed will, rendering it void. This can be accomplished through explicit actions such as creating a new will, or implicit methods such as physical destruction of the document.

The doctrine of revocation has its roots in Roman law, where the intentions of the testator were paramount and recognized the fluid nature of testamentary dispositions. As testamentary practices evolved, common law adopted similar principles to protect the intent of the testator.

In contemporary law, revocation is primarily governed by statutes that require a clear intent to revoke, often evidenced through the execution of a subsequent will or through acts such as tearing or burning the original document. Additionally, courts may consider declarations made by the testator regarding the intent to revoke, ensuring estate plans reflect current wishes.

• Testator creates a new will that explicitly states it revokes all prior wills, effectively removing any previous testamentary intentions.
• A testator physically destroys their original will by tearing it into pieces in the presence of witnesses, which is recognized as an act of revocation.

• In re Estate of Sowerbutts, 932 N.E.2d 1011 (Ill. App. Ct. 2010)