Which action can revoke a will?

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 new will revokes a previous will by virtue of its execution. The legal principle here is that the last will expressed by an individual reflects their most current intentions regarding the distribution of their estate. When a new will is created and properly executed, it typically includes a clause that explicitly states it revokes all prior wills. This ensures that only the most recent testamentary intentions are honored after the individual's death.

Other actions, while they might influence the estate planning process, do not automatically revoke an existing will. For instance, making a verbal statement of intent does not satisfy the legal requirements for revocation and cannot be substantiated in court. Transferring property to another party does not alter the validity of a will; it might affect the distribution of assets but doesn’t impact the will itself. Lastly, filing a probate petition is a procedural action that comes into play after death and is concerned with administering the estate according to the terms of the will, rather than revoking any existing documents.

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