When is a will considered to be revoked?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A will is considered to be revoked when the testator (the person who made the will) takes clear and intentional steps to indicate that they wish to cancel or replace the existing will. Writing another will or destroying the existing one are both recognized methods of revocation.

When a new will is drafted, it often contains a clause explicitly stating that it revokes any prior wills, making the intent of the testator clear. Similarly, physically destroying the will, whether by tearing it up, burning it, or any other means, demonstrates a clear intention to revoke the previous document. Both actions unequivocally signify that the testator no longer wants the prior will to have effect.

In contrast, executing a codicil—essentially a supplement or amendment to a will—does not revoke the original will but instead alters its terms. Notifying heirs of a change does not fulfill the legal requirements for revoking a will and does not replicate the formalities required for that action. Additionally, simply registering a will with the court does not imply any intention to revoke it, as registration does not change the will itself.

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