Revocation of wills
A written will can only be canceled in specific ways. Someone can cancel their will by writing a new will, or by physically destroying the old one — like burning it, tearing it up, or crossing it out. The person who made the will has to do this themselves, or watch someone else do it and agree to it.
474.400. of wills. — No will in writing, except in the cases herein mentioned, nor any part thereof, shall be , except by a subsequent will in writing, or by burning, cancelling, tearing or the same, by the , or in his presence, and by his and direction.
(RSMo 1939 § 521, A.L. 1955 p. 385 § 269)
Prior revisions: 1929 § 520; 1919 § 508; 1909 § 538
(1961) In to will on ground proposed will had been revoked by later will, the was on the contestants to show of later will and that it either expressly revoked the proposed will or that its were so inconsistent with the prior will as to the former will by implication. Yates v. Jeans (A.), 345 S.W.2d 657.
(1974) Subsequent to execution and of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the s of the remaining nine-tenths of his intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct which, since not , were not legally effective and, applying doctrine of relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union of Springfield (A.), 504 S.W.2d 647.
Tap any gold-underlined word to see what it means.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.