State Codes and Statutes
Statutes > Connecticut > Title45a > Chap802a > Sec45a-257Sec. 45a-257. (Formerly Sec. 45-162). Revocation of will. Except as provided by sections 45a-257a to 45a-257d, inclusive, a will or codicil shall not be revoked in any other manner except by burning, cancelling, tearing or obliterating it by the testator or by some person in the testator's presence by the testator's direction, or by a later will or codicil.
(1949 Rev., S. 6956; 1967, P.A. 265; P.A. 73-373, S. 45; P.A. 75-233, S. 11; P.A. 77-17; P.A. 79-569, S. 1; P.A. 80-476, S. 233; P.A. 96-95, S. 4; 96-202, S. 12.)
History: 1967 act applied provisions to testators divorced after making a will and specified that revocation by divorce is effective only with respect to wills executed on and after October 1, 1967; P.A. 73-373 added references to dissolution of marriage; P.A. 75-233 added reference to children born as a result of A.I.D. and made previous provisions Subsec. (b), inserting new Subsec. (a); P.A. 77-17 applied provisions to annulled marriages in Subsec. (b); P.A. 79-569 added proviso in Subsec. (b) whereby divorce or annulment or dissolution of marriage does not revoke will if testator's spouse was not a beneficiary; P.A. 80-476 deleted former Subsec. (a) whereby terms such as "child", "issue", "heir", "descendant" etc. deemed to include children born as result of A.I.D., effective with respect to wills, etc. issued on or after October 1, 1975, designated former Subsec. (b) as Subsecs. (a) and (b) and rephrased provisions; Sec. 45-162 transferred to Sec. 45a-257 in 1991; P.A. 96-95 deleted former Subsec. (a) re implied revocation of will by marriage, divorce, annulment, dissolution, birth or adoption and amended former Subsec. (b) by adding references to Secs. 45a-257a to 45a-257d, inclusive; P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997.
Annotations to former section 45-162:
Quaere, whether a will devising real estate attested by three witnesses is revoked by later will having two witnesses only. 4 D. 66. Will may be revoked by writing on back of it. 2 C. 68. If expressly revoked in later will, it is not revived by destruction of latter; 3 C. 578; quaere under present statute. 50 C. 566. Prior to 1821, a will could be revoked by parol. 5 C. 167. Bequest once made will not be revoked by codicil unless such revocation clearly appears. 32 C. 446. Divorce does not revoke bequest to wife. 48 C. 503. Revocation of second will (not expressly revoking former one) revives former. 50 C. 567. Statute does not operate retrospectively. 55 C. 181. Prior to 1885, marriage alone did not operate as revocation. Id., 179. Effect of revoking legacy by codicil where will has residuary clause. 65 C. 159. Cancellation must be with intent to revoke; if done with mistaken belief as to valid execution of another will, no revocation. Id., 156; 70 C. 294; 79 C. 125. Republication as bringing will into provisions of law existing then. 67 C. 379; 88 C. 286; Id., 404. "Cancellation" must be done by testator or some person in his presence by his direction. 68 C. 242. If cancellation of portion works alteration in another portion of will, attempted revocation is invalid. Id., 245. Codicil as revoking will. 70 C. 288; 73 C. 122; 76 C. 263; 83 C. 654. Burden of proof on issue of revocation. 77 C. 640; 87 C. 579. Ademption of gift as in effect a revocation. 79 C. 364. Effect of execution of later will without revoking clause. 87 C. 579. "Provision" for after born issue means "prevision". 95 C. 197; 106 C. 79. Execution of will with revoking clause is inoperative until death; if destroyed before death gives it effect, former will is left operative. 98 C. 26. Subsequent birth of child revokes will in toto. 106 C. 79. Adoption held to revoke will providing small annuity for the child as "member of my household", but not mentioning the contingency of adoption. 126 C. 369. A paper signed by testator and two witnesses purporting to revoke any wills or codicils, heretofore made, was neither a "cancelling" of the will nor a revocation of it. 139 C. 549. Doctrine of "dependent relative revocation" not applicable when contrary intent of testator appears. 150 C. 569. Mistaken belief of testator is basis for doctrine of "dependent relative revocation". Id. Cited. 152 C. 206; 400, 403-405.
An actual gift to the after-born child is not required in order to save a will. 15 CS 111. Instrument revoking will signed by testator and by two witnesses a valid revocation. Essential element of revocation is intent. 18 CS 34. Reference in a will to the possibility of marriage to any person at any time, held sufficient compliance with this section so that the will is not impliedly revoked by a subsequent marriage. 21 CS 92. Substitution of one name, as a beneficiary, for another held an ineffectual alteration of a will but since there was no intent to revoke the whole will and the original provision was established, the will with the original provision must be given effect. Id., 126. Cutting out of certain provisions in a will held to be a valid revocation of those provisions. Id. Cited. 30 CS 171.
Subsec. (b):
Cited. 177 C. 410.
