2006 New York Code - Revocation Of Wills; Effect On Codicils

 
  § 3-4.1 Revocation of wills; effect on codicils
    (a)  Except  as  otherwise  provided  in this chapter, a revocation or
  alteration, if  intended  by  the  testator,  may  be  effected  in  the
  following manner only:
    (1) A will or any part thereof may be revoked or altered by:
    (A) Another will.
    (B)  A  writing  of  the  testator  clearly indicating an intention to
  effect such revocation or  alteration,  executed  with  the  formalities
  prescribed by this article for the execution and attestation of a will.
    (2) A will may be revoked by:
    (A)  An  act of burning, tearing, cutting, cancellation, obliteration,
  or other mutilation or destruction performed by:
    (i) The testator.
    (ii) Another person, in the presence  and  by  the  direction  of  the
  testator;  in  which  case, the fact that the will was so revoked in the
  presence and by the direction of the testator  shall  be  proved  by  at
  least  two  witnesses, neither of whom shall be the person who performed
  the act of revocation.
    (b) In addition to the methods set forth in paragraph (a), a will  may
  be  revoked  or  altered  by a nuncupative or holographic declaration of
  revocation or alteration made in the circumstances prescribed  by  3-2.2
  by  any  person  therein authorized to make a nuncupative or holographic
  will.  Any such nuncupative declaration of revocation or alteration must
  be clearly established by at least two witnesses; any  such  holographic
  declaration, by an instrument written entirely in the handwriting of the
  testator,  although  not  executed  and  attested in accordance with the
  formalities prescribed by this article for the execution and attestation
  of a will.
    (c) The revocation of a will, as provided in this section, revokes all
  codicils thereto.