75-2-507 - Revocation by writing or by act.
75-2-507. Revocation by writing or by act.
(1) A will or any part thereof is revoked:
(a) by executing a subsequent will that revokes the previous will or part expressly or byinconsistency; or
(b) by performing a revocatory act on the will, if the testator performed the act with theintent and for the purpose of revoking the will or part or if another individual performed the act inthe testator's conscious presence and by the testator's direction. For purposes of this subsection,"revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying thewill or any part of it. A burning, tearing, or canceling is a "revocatory act on the will," whether ornot the burn, tear, or cancellation touched any of the words on the will.
(2) If a subsequent will does not expressly revoke a previous will, the execution of thesubsequent will wholly revokes the previous will by inconsistency if the testator intended thesubsequent will to replace rather than supplement the previous will.
(3) The testator is presumed to have intended a subsequent will to replace rather thansupplement a previous will if the subsequent will makes a complete disposition of the testator'sestate. If this presumption arises and is not rebutted by clear and convincing evidence, theprevious will is revoked; only the subsequent will is operative on the testator's death.
(4) The testator is presumed to have intended a subsequent will to supplement rather thanreplace a previous will if the subsequent will does not make a complete disposition of thetestator's estate. If this presumption arises and is not rebutted by clear and convincing evidence,the subsequent will revokes the previous will only to the extent the subsequent will is inconsistentwith the previous will; each will is fully operative on the testator's death to the extent they are notinconsistent.
Repealed and Re-enacted by Chapter 39, 1998 General Session