12.02.180 Rules Applicable to the Revocation of a Will

(a) Revocation Generally.

(1) Later Will or Supplement. A Will or any part thereof may be revoked by a second (or later) valid Will, or a supplemental document (codicil) which has been signed and witnessed and is attached to a Will. In order for the prior Will to be revoked, the second Will (or later) or supplemental document must expressly state it is revoking a prior Will or the terms of the subsequent will or supplemental document are clearly inconsistent. In that case, the later Will or document takes precedence.

(2) Destruction. A Will or any part thereof may be revoked by destroying, canceling, or obliterating the Will with the intent and for the purpose of revoking it. If unable to carry out the action, a person making a Will may direct any other person in his/her presence to destroy, cancel or obliterate the Will.

(3) Revival. Once a Will is revoked, it cannot be revived unless, upon revocation of a second or later Will, the person making the Will declares his/her intention to revive the first Will or the circumstances clearly show the intention to revive it.

(b) Revocation and Divorce or Separation.

(1) Divorce. If, after executing a Will, the person making the Will is divorced or the marriage is annulled, the divorce or annulment revokes any transfer of property made by the Will to the former spouse and that property will be distributed as if the spouse predeceased the person making the Will. Unless the Will expressly states otherwise, any provision naming the former spouse as Executor, trustee, conservator, or guardian is also revoked. If the person making the Will and the former spouse remarry, then, absent a preponderance of evidence of an intention to the contrary, the Will shall no longer be considered revoked by this section.

(2) Separation. A decree of separation, which does not terminate the status of husband and wife, is not a divorce for purposes of this section. No other change of marital circumstances revokes a Will.