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N.Y. Est. Powers & Trusts Law § 3-4.1

Revocation of wills; effect on codicils

2014-09-22

§ 3-4.1 Revocation of wills; effect on codicils\n (a) Except as otherwise provided in this chapter, a revocation or\nalteration, if intended by the testator, may be effected in the\nfollowing manner only:\n (1) A will or any part thereof may be revoked or altered by:\n (A) Another will.\n (B) A writing of the testator clearly indicating an intention to\neffect such revocation or alteration, executed with the formalities\nprescribed by this article for the execution and attestation of a will.\n (2) A will may be revoked by:\n (A) An act of burning, tearing, cutting, cancellation, obliteration,\nor other mutilation or destruction performed by:\n (i) The testator.\n (ii) Another person, in the presence and by the direction of the\ntestator; in which case, the fact that the will was so revoked in the\npresence and by the direction of the testator shall be proved by at\nleast two witnesses, neither of whom shall be the person who performed\nthe act of revocation.\n (b) In addition to the methods set forth in paragraph (a), a will may\nbe revoked or altered by a nuncupative or holographic declaration of\nrevocation or alteration made in the circumstances prescribed by 3-2.2\nby any person therein authorized to make a nuncupative or holographic\nwill. Any such nuncupative declaration of revocation or alteration must\nbe clearly established by at least two witnesses; any such holographic\ndeclaration, by an instrument written entirely in the handwriting of the\ntestator, although not executed and attested in accordance with the\nformalities prescribed by this article for the execution and attestation\nof a will.\n (c) The revocation of a will, as provided in this section, revokes all\ncodicils thereto.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.