Also known as: revocation by written instruments · written revocation
Written by attorneys · grounded in primary & secondary sources — see below
A method of revoking a will or trust by executing a subsequent written document that unambiguously expresses the intent to revoke the prior instrument. The writing need not satisfy the formalities required for a will itself.
Cathy executes a signed writing stating her intent to revoke an earlier will. She deposits the document in the mailbox Felicity had authorized for formal notices. Felicity never opens the letter. The later will is treated as revoked because the writing unambiguously manifested intent.
Pulizevich executes a new will that states her intent to revoke an existing revocable trust of which she is trustee. The will contains no formal trust revocation language but unambiguously manifests her intent to end the trust. Gardenhire challenges the revocation arguing that only a separate trust instrument would suffice. The court upholds the revocation because any writing clearly showing intent is effective when the settlor is also the trustee.
Select any source to read its text and confirm it supports the definition.
No. A revocation may be accomplished without the formalities of a formal will. Courts may consider extrinsic evidence of the testator's intent when determining whether a will or trust has been revoked.
Supporting sources
A written revocation is received when the writing comes into the possession of the person addressed or of someone authorized to receive it, or when it is deposited in a place the addressee has authorized for such communications.
Supporting sources
Yes. When the settlor is also the trustee, any writing that unambiguously manifests intent to revoke is sufficient. The trust language allowing revocation by written notice to oneself supports broad latitude in the form of the writing.
Supporting sources
The revocation is still effective once delivered to the authorized place or person. Actual reading is not required when the writing reaches the addressee's place of business or an authorized deposit location.
Supporting sources
…that it existed until about a month after the death when she found it in her desk drawer. [^3]: As to the necessity of a written revocation of a declaration of trust when the res involves an interest in real property see Coleman v. Coleman , 48 Ariz. 337, 61 P.2d 441 (1936).