Revocatory effect of a conveyance, settlement or other act · as in force on May 31, 2026
§ 3-4.3 Revocatory effect of a conveyance, settlement or other act
affecting property previously disposed of by will
A conveyance, settlement or other act of a testator by which an estate in his property, previously disposed of by will, is altered but not wholly divested does not revoke such disposition, but the estate in the property that remains in the testator passes to the beneficiaries pursuant to the disposition. However, any such conveyance, settlement or other act of the testator which is wholly inconsistent with such previous testamentary disposition revokes it.
If a testator alters but does not completely give up an interest in property already given by will, the gift is not revoked and passes the interest still owned at death. An act wholly inconsistent with the prior gift revokes 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.
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.