Revocation of wills

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  1. (a) A will or any part thereof is revoked:

    1. (1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or

    2. (2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.

  2. (b) If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked. With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of § 28-39-401.

  3. (c) When there has been a partial revocation, reattestation of the remainder of the will shall not be required.


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