N.Y. Estates, Powers & Trusts Law § 3-4.1: Revocation of wills; effect on codicils

§ 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.

(c) The revocation of a will, as provided in this section, revokes all

codicils thereto.