14-2507. Revocation of will;
requirements
A. A testator may revoke a will in whole or in part:
1. By executing a subsequent will that revokes the previous will or part expressly
or by inconsistency.
2. By performing a revocatory act on the will if the testator performs the act with
this intent or if another person performs the act in the testator's conscious presence
and by the testator's direction. For purposes of this paragraph, "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.
B. 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.
C. 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 and only the subsequent will is
operative on the testator's death.
D. 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 and each will is fully operative
on the testator's death to the extent they are not inconsistent.
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