(1) A will or any part thereof is revoked:
By executing a subsequent will that revokes the previous will or part expressly or byinconsistency; or
By performing a revocatory act on the will, if the testator performed the act with theintent and for the purpose of revoking the will or part of it or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will", whether or not the burn, tear, or cancellation touched any of the words on the will.
If a subsequent will does not expressly revoke a previous will, the execution of thesubsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
The testator is presumed to have intended a subsequent will to replace rather thansupplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
The testator is presumed to have intended a subsequent will to supplement ratherthan replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
Source: L. 94: Entire part R&RE, p. 1000, § 3, effective July 1, 1995.
Editor's note: This section is similar to former § 15-11-507 as it existed prior to 1995.