EPTL § 3-4.1

Revocation of wills; effect on codicils · as in force on May 31, 2026

§ 3-4.1 Revocation of wills; effect on codicils

(a) Except as otherwise provided in this chapter, a revocation or alteration, if intended by the testator, may be effected in the following manner only:

(1) A will or any part thereof may be revoked or altered by:

(A) Another will.

(B) A writing of the testator clearly indicating an intention to effect such revocation or alteration, executed with the formalities prescribed by this article for the execution and attestation of a will.

(2) A will may be revoked by:

(A) An act of burning, tearing, cutting, cancellation, obliteration, or other mutilation or destruction performed by:

(i) The testator.

(ii) Another person, in the presence and by the direction of the testator; in which case, the fact that the will was so revoked in the presence and by the direction of the testator shall be proved by at least two witnesses, neither of whom shall be the person who performed the act of revocation.

(b) In addition to the methods set forth in paragraph (a), a will may be revoked or altered by a nuncupative or holographic declaration of revocation or alteration made in the circumstances prescribed by 3-2.2 by any person therein authorized to make a nuncupative or holographic will. Any such nuncupative declaration of revocation or alteration must be clearly established by at least two witnesses; any such holographic declaration, by an instrument written entirely in the handwriting of the testator, although not executed and attested in accordance with the formalities prescribed by this article for the execution and attestation of a will.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/3-4.1

In plain English

A will may be revoked or altered only in the ways this section allows, and revoking a will revokes its codicils.

(a)(1) A will or any part may be revoked or altered by another will, or by a writing clearly showing that intent executed with will formalities.
(a)(2) A will may be revoked by burning, tearing, cutting, cancellation, obliteration or other mutilation or destruction done by the testator, or by another person in the testator's presence and by the testator's direction; that must be proved by at least 2 witnesses, neither of whom performed the act. ★
(b) A person authorized under § 3-2.2 may also revoke or alter by a nuncupative declaration, clearly established by at least 2 witnesses, or a holographic declaration written entirely in the testator's handwriting, even without will formalities.
(c) Revoking a will revokes all codicils to it. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.