Section § 6120

Explanation

This law explains two main ways a will can be revoked. First, a new will can override an old one if it clearly states it or if it conflicts with the old will. Second, physically destroying the will, like tearing or burning it, with the intention of revoking it, will also revoke the will. This can be done by the person who made the will or someone else with their permission and in their presence.

A will or any part thereof is revoked by any of the following:
(a)CA Probate Code § 6120(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.
(b)CA Probate Code § 6120(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.

Section § 6121

Explanation

If a will is made in duplicate copies, destroying one of those copies with the intention to cancel it will revoke the will. This can be done by the person who made the will (the testator) or someone else who does it in their presence and following their instructions.

A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.

Section § 6122

Explanation

If you make a will and then get divorced or your marriage is annulled, anything in your will that benefits your ex-spouse, like property or roles, is generally canceled unless your will says otherwise.

If you remarry the ex-spouse, those parts of the will are restored. In the event of divorce or annulment, your ex-spouse is treated as if they passed away before you, meaning they won't receive anything from the will, and their roles will be reassigned.

This rule does not apply if your separation doesn't officially end the marriage, and it's not valid for breakups finalized before 1985. Except for what is described here or in another specific section, no other changes in circumstances will revoke a will.

(a)CA Probate Code § 6122(a) Unless the will expressly provides otherwise, if after executing a will the testator’s marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:
(1)CA Probate Code § 6122(a)(1) Any disposition or appointment of property made by the will to the former spouse.
(2)CA Probate Code § 6122(a)(2) Any provision of the will conferring a general or special power of appointment on the former spouse.
(3)CA Probate Code § 6122(a)(3) Any provision of the will nominating the former spouse as executor, trustee, conservator, or guardian.
(b)CA Probate Code § 6122(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator’s remarriage to the former spouse.
(c)CA Probate Code § 6122(c) In case of revocation by dissolution or annulment:
(1)CA Probate Code § 6122(c)(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.
(2)CA Probate Code § 6122(c)(2) Other provisions of the will conferring some power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.
(d)CA Probate Code § 6122(d) For purposes of this section, dissolution or annulment means any dissolution or annulment which would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution for purposes of this section.
(e)CA Probate Code § 6122(e) Except as provided in Section 6122.1, no change of circumstances other than as described in this section revokes a will.
(f)CA Probate Code § 6122(f) Subdivisions (a) to (d), inclusive, do not apply to any case where the final judgment of dissolution or annulment of marriage occurs before January 1, 1985. That case is governed by the law in effect prior to January 1, 1985.

Section § 6122.1

Explanation

This law states that if someone ends their domestic partnership, certain parts of their will related to their former partner are automatically canceled unless the will clearly says otherwise. Specifically, it revokes property gifts, appointment powers, and roles like executor or trustee given to the ex-partner. If the relationship is revived, those parts can be reinstated. After a breakup, any property or roles intended for the ex-partner are treated as if the partner died before the person who made the will. These rules apply only to wills made from January 1, 2002, onward.

(a)CA Probate Code § 6122.1(a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic partnership is terminated, the termination revokes all of the following:
(1)CA Probate Code § 6122.1(a)(1) Any disposition or appointment of property made by the will to the former domestic partner.
(2)CA Probate Code § 6122.1(a)(2) Any provision of the will conferring a general or special power of appointment on the former domestic partner.
(3)CA Probate Code § 6122.1(a)(3) Any provision of the will nominating the former domestic partner as executor, trustee, conservator, or guardian.
(b)CA Probate Code § 6122.1(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnership with the former domestic partner.
(c)CA Probate Code § 6122.1(c) In case of revocation by termination of a domestic partnership:
(1)CA Probate Code § 6122.1(c)(1) Property prevented from passing to a former domestic partner because of the revocation passes as if the former domestic partner failed to survive the testator.
(2)CA Probate Code § 6122.1(c)(2) Other provisions of the will conferring some power or office on the former domestic partner shall be interpreted as if the former domestic partner failed to survive the testator.
(d)CA Probate Code § 6122.1(d) This section shall apply only to wills executed on or after January 1, 2002.

Section § 6123

Explanation

This law section deals with what happens to a person's first will if a second will is revoked. If the second will, which cancels out the first, is revoked by certain actions, the first will is also considered revoked unless there's clear evidence that the person wanted the first will to remain effective. On the other hand, if the second will is canceled by a third will, the first will is still considered revoked unless the third will specifically indicates the person's intention for the first will to take effect.

(a)CA Probate Code § 6123(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 6120 or 6121, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from the testator’s contemporary or subsequent declarations that the testator intended the first will to take effect as executed.
(b)CA Probate Code § 6123(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.

Section § 6124

Explanation

If someone’s will was in their possession, they were mentally capable before they died, and no will can be found after their death, it is assumed they destroyed the will to cancel it. This assumption means it’s up to someone else to prove otherwise.

If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence.