New York Law (NYLE) Practice Exam

What action must be taken when a will is to be revoked by a testator?

1. The will must be formally filed with the court.

2. The testator must physically destroy the will.

3. The will can be revoked by a written statement clearly indicating the revocation.

4. Both B and C are valid.

The correct answer is: Both B and C are valid.

When a testator wishes to revoke a will, there are several legally acceptable actions they can take to ensure that the revocation is valid. One method is for the testator to physically destroy the will. This destruction can manifest in different forms, such as tearing, burning, or otherwise obliterating the document, demonstrating the clear intention to revoke the will. Additionally, the revocation can also be accomplished through a written statement. If the testator creates a new document that explicitly states their intent to revoke the existing will, this is valid as well, as long as the statement meets the necessary legal formalities required under New York law. This includes signing the document and potentially having it witnessed, depending on the nature of the new declaration. Thus, both physically destroying the will and issuing a written statement indicating the desire to revoke the will are accepted actions under New York law. This is why the answer encompasses both methods as valid ways for a testator to effectively revoke their will.