Wills, Revoking

Any will may be revoked, or cancelled, by the testator up until the moment of his or her death.  Although not necessary to make a valid will, newly drafted Wills typically contain a statement that revokes all earlier Wills. A properly executed will with this language immediately revokes and cancels every other earlier will, if any.

Unwanted Wills may also be physically destroyed by acts such as tearing or burning, provided that the destruction is complete. A physically destroyed will is immediately revoked, even when there isn't new will to take its place. If a will is destroyed without a replacement, the testator's estate will be distributed according to the appropriate state intestacy laws.

A will may also be partially or completely revoked by creating a new will that contains inconsistent terms, but that does not contain language to revoke all earlier Wills. When this happens both Wills may be offered for probate and followed to the extent they do conflict with each other.

For Example:
Hope makes a will in 2001 that gives her book collection to her brother Richard and her red Ferrari to her sister Jane.

In 2005, Hope makes a new will that does not include a statement to revoke all earlier Wills. This new will gives her Ferrari to her friend Alice, but does not mention her book collection.

When Hope dies in 2006, both of these Wills must be offered for probate and the independent terms of each must be followed.  In this scenario, Richard receives the book collection by the terms of the 2001 will and Alice receives the red Ferrari by the terms of the 2005 will. Jane does not receive any property, because the will with the later date controls every topic that is mentioned by two Wills.

(If Hope's 2005 will had included a statement revoking all earlier Wills, Alice would still receive the Ferrari, but Richard and Jane would not receive any property. The book collection would be distributed by intestacy.)

See: Will Validity, Generally