§ 30.1-08-07 — (2-507) Revocation by writing or by act

North Dakota § 30.1-08-07

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-08: Wills

Text

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 or if another individual
performed the act in the testator's conscious presence and by the testator's
direction. For purposes of this subdivision, "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.