§ 15-11-507 — 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 by inconsistency; or

(b) By performing a revocatory act on the will, if the testator performed the
act with the intent and for the purpose of revoking the will or part of it or if another
individual performed the act in the testator's conscious presence and by the
testator's direction. For purposes of this paragraph (b), revocatory act on the will
includes burning, tearing, canceling, obliterating, or destroying the will or any part
of it. A burning, tearing, or canceling is a revocatory act on the will, whether or not
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 the subsequent will wholly revokes the previous will by inconsistency
if the testator intended the subsequent will to replace rather than supplement the
previous will.

(3) The testator is presumed to have intended a subsequent will to replace
rather than supplement a previous will if the subsequent will makes a complete
disposition of the testator's estate. If this presumption arises and is not rebutted by
clear and convincing evidence, the previous 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 than replace a previous will if the subsequent will does not make
a complete disposition of the testator'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 inconsistent with the previous
will; each will is fully operative on the testator's death to the extent they are not
inconsistent.

Legislative History

Source: L. 94: Entire part R&RE, p. 1000, � 3, effective July 1, 1995.