What are the three essential requirements for an effective revocation of a will?

To effectively revoke a will, three essential requirements must be met: capacity, a physical act, and intent.

Capacity refers to the testator’s ability to understand the nature of their actions and the consequences of revoking the will. This means that the individual must be of sound mind at the time of revocation, ensuring that their decision is voluntary and informed.

The requirement of a physical act involves tangible actions taken by the testator to demonstrate their intent to revoke the will. This can include actions such as tearing, burning, or otherwise physically altering the original document. The importance of this act reinforces the seriousness of the decision to revoke the will.

Intent is critical as it reflects the testator's desire to revoke the existing will. This intent must be clear and unequivocal, showing that the testator does not wish for their previous will to remain effective.

In combination, these three elements—capacity, a physical act, and intent—create a clear and legally recognized basis for revoking a will, ensuring that the testator's final wishes are honored.