New York Law (NYLE) Practice Exam

If a testator wishes to revoke an entire will, which action must they take?

1. Write a new will with a revocation clause

2. Destroy the original will

3. Notify all beneficiaries of the revocation

4. Both writing a new will and destroying the old one

The correct answer is: Both writing a new will and destroying the old one

When a testator wishes to revoke an entire will, they have the option to do so effectively by either creating a new will that includes a revocation clause or by destroying the original will. In many jurisdictions, including New York, an act of destruction shows clear intent to revoke. The first part of the response—writing a new will—ensures that the testator's intentions are clearly expressed and avoids any uncertainty regarding which documents should be followed after the revocation. The inclusion of a revocation clause in a new will explicitly states that any previous wills are no longer valid. At the same time, destruction of the original will serves as a strong, visual demonstration of the testator's intent to revoke that document. This can involve shredding, burning, or otherwise physically obliterating the will. Courts generally favor tangible evidence of revocation, as it leaves no doubt about the testator's intentions. Since these two actions—writing a new will and destroying the old one—are both recognized methods to achieve revocation, the most thorough and clear way to ensure there are no issues concerning the validity of the new will is by doing both. This reinforces the testator's intentions and avoids potential challenges to the testamentary documents later on.