New York Law (NYLE) Practice Exam

What happens if a testator writes "VOID" in the margins of their will and tears up their codicil?

1. Only the will is revoked

2. Only the codicil is revoked

3. Both the will and the codicil are voided

4. The will and codicil remain valid

The correct answer is: Only the codicil is revoked

When a testator writes "VOID" in the margins of their will, this can indicate an intention to revoke that particular document, but the key factor lies in what happens with the codicil. A codicil is a supplement to a will that modifies, explains, or adds to the will. If the testator actively tears up their codicil, this acts as a clear expression of intent to revoke the modifications or updates made by that codicil. In this scenario, regardless of whether the testator has made the will void by writing "VOID" or not, the act of tearing up the codicil signifies their intent to revoke the codicil itself. Therefore, it is established that only the codicil is revoked, while the original will may still be impacted depending on the interpretation of the "VOID" notation. However, without additional context or actions that clearly revokes the will itself, the act of voiding the codicil stands out as the primary consequence. Thus, the conclusion is that the codicil is indeed revoked due to the testator's actions.