What final action must be fulfilled in a codicil to revoke a will?

A codicil is a legal document that modifies or revokes a part of an existing will without the need to create an entirely new will. When revoking a will through a codicil, it is essential to include specific references to the language of the original will. This clarity helps to ensure that the intent to revoke the original document is unmistakable and legally sound.

Referencing the original will within the codicil lets all parties—including the probate court—understand which document is being revoked and reinforces the legal weight of the codicil. By specifically citing the original will, the testator avoids ambiguity and potential legal disputes regarding their intentions.

While destroying previous wills can be an effective way to demonstrate intention to revoke them, this action alone does not create a formal legal record of revocation like a codicil does. Likewise, the involvement of new witnesses or the presence of a lawyer is not a mandatory requirement for the revocation process using a codicil under Delaware law. Thus, making a specific reference to the language of the original will within the codicil is the correct approach to ensure that the revocation is valid and clearly understood.