revocation of will by act

Revocation of a will by act occurs when a testator intentionally performs a physical act that nullifies or invalidates the will. Both intent to revoke and the physical act must exist for the revocation to be legally effective. Common revocatory acts include burning, tearing, canceling, obliterating, or otherwise destroying the will. The act must generally be carried out by the testator or by another person in the testator’s presence and at the testator’s direction. Revocation by act differs from revocation by operation of law, which arises automatically from certain events such as divorce, and from revocation by instrument, which occurs through the execution of a subsequent will or codicil.

[Last reviewed in October of 2025 by the Wex Definitions Team]

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