WillsRevocation and Revival
Section § 6120
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.
Section § 6121
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.
Section § 6122
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.
Section § 6122.1
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.
Section § 6123
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.
Section § 6124
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.