2022 New York Laws
EPT - Estates, Powers and Trusts
Article 3 - Substantive Law of Wills
Part 4 - Revocation of Wills and Related Subjects
3-4.1 - 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.
