3B:3-13.
A will or any part thereof is revoked:
a.By the execution of a subsequent will
that revokes the previous will or part expressly or by inconsistency; or
b.By
the performance of a revocatory act on the will, if the testator performed the
act with the intent and for the purpose of revoking the will or part or if
another individual performed the act in the testators conscious presence and by
the testators direction. For purposes of this subsection, "revocatory act
on the will" includes burning, tearing canceling, obliterating or
destroying the will or any part of it. A burning, tearing or cancelling is a
"revocatory act on the will," whether or not the burn, tear, or
cancellation touched any of the words on the will.
(1)If a subsequent will
does not expressly revoke a previous will, the execution of the subsequent will
wholly revokes the previous will by inconsistency if the testator intended the
subsequent will to replace rather than supplement the previous will.
(2) The
testator is presumed to have intended a subsequent will to replace rather than
supplement a previous will if the subsequent will makes a complete disposition
of the testators estate. If this presumption arises and is not rebutted by
clear and convincing evidence, the previous will is revoked; only the
subsequent will is operative on the testators death.
(3)The testator is
presumed to have intended a subsequent will to supplement rather than replace a
previous will if the subsequent will does not make a complete disposition of
the testators estate. If this presumption arises and is not rebutted by clear
and convincing evidence, the subsequent will revokes the previous will only to
the extent the subsequent will is inconsistent with the previous will; each
will is fully operative on the testators death to the extent they are not
inconsistent.
L.1981, c.405, s.3B:3-13, eff. May 1, 1982; amended 2004, c.132,
s.16.
For
more information, go to http://njwillsprobatelaw.com/3b_3-13.html?id=2144&a=
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