Legal term
Revocation by physical act
Answer: Revocation by physical act. Mainstream U.S. wills law permits a testator to revoke by intentionally burning, tearing, canceling, obliterating, or destroying the will; the act may be done by the testator or by another in the testator’s presence and at the testator’s direction. States vary on particulars (e.g., partial revocation and treatment of lost or electronic wills).
Rule to remember
Revocation by physical act is the invalidation of a will by the testator’s intentional destructive act on the document—such as burning, tearing, canceling, obliterating, or destroying—or by another person acting in the testator’s presence and at the testator’s direction.
Key elements and checks
- Intent to revoke plus a destructive act on the will.
- Permissible acts include burning, tearing, canceling, obliterating, or destroying the instrument.
- The act is performed by the testator, or by another in the testator’s presence and at the testator’s direction.
- Distinguish from revocation by instrument (later duly executed will/codicil) and from operation of law (e.g., certain divorce statutes).
- Lost-will presumption: if the original last known in the testator’s possession cannot be found at death, courts may presume revocation, subject to rebuttal.
- Jurisdictional variation exists, including rules on partial revocation and electronic wills; consult the governing state statute.
In the source’s words
““Both intent to revoke and the physical act must exist for the revocation to be legally effective.””
revocation of will by act | Wex | LII
““Common revocatory acts include burning, tearing, canceling, obliterating, or otherwise destroying the will.””
revocation of will by act | Wex | LII
Elements and examples are drawn from LII’s Wex entries. The lost-will presumption illustration comes from a New York Court of Appeals decision; states vary on presumptions and evidentiary burdens.