revocation of wills by instrument

Revocation of will by instrument occurs when a testator invalidates a prior will through the valid execution of a new instrument, such as a subsequent will or codicil, that expressly revokes the earlier one. The revocation must comply with the formal execution requirements for wills under applicable state law, including signature and attestation. In some jurisdictions, a later instrument may also revoke a prior will by inconsistency, even if it does not contain an explicit revocation clause. This is also known as implied revocation of wills, where inconsistent provisions in the later instrument revoke the earlier will to the extent of the inconsistency. Revocation by instrument differs from revocation by act, which requires a physical act such as burning or tearing the will, and from revocation by operation of law, which occurs automatically upon certain events such as divorce.

[Last reviewed in October of 2025 by the Wex Definitions Team]

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