Revocation of Will Law and Legal Definition

Revocation of will is an affirmative act, such as writing annulled or void across the face of the will or by tearing, cutting, burning, obliterating, erasing and defacing the instrument with intent to annul or cancel it.

Revocation consists of two things:

a. the intention of the testator; and

b. some outward act or symbol of destruction.

A defacement, obliteration or destruction, without the animo revocandi, is not sufficient. Neither is the intention, the animo revocandi, sufficient without some act of obliteration or destruction is done. [Cutler v. Cutler, 130 N.C. 1 (N.C. 1902)].

In order to constitute a revocation, the act must be done by the testator or by some person in his presence by his direction. [Appeal of Miles, 68 Conn. 237 (Conn. 1896)].