2006 Minnesota Statutes

524.2-507 REVOCATION BY WRITING OR BY ACT.
(a) A will or any part thereof is revoked:
(1) by executing a subsequent will that revokes the previous will or part expressly or
by inconsistency; or
(2) by performing 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 testator's conscious presence and by the testator's direction. For purposes of this clause,
"revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the
will or any part of it. A burning, tearing, or canceling may be a "revocatory act on the will,"
whether or not the burn, tear, or cancellation touched any of the words on the will.
(b) 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.
(c) 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 testator's
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 testator's death.
(d) 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
testator's 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 testator's death to the extent they are
not inconsistent.
History: 1975 c 347 s 22; 1986 c 444; 1994 c 472 s 39