Two Ways to Revoke a Will
Revoking a will in Arizona is a deliberate act. You cannot accidentally revoke a will. Simply telling someone you want to change your planning document does not undo a signed will. The statute lays out two specific methods.
First, you can execute a new will that expressly revokes the previous one or that conflicts with it. Second, you can physically destroy the will through burning, tearing, canceling, or making it unreadable. If someone else performs the destruction, they must do so in your conscious presence and at your direction.
A testator may revoke a will in whole or in part: 1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency. 2. By performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator's conscious presence and by the testator's direction.
A.R.S. § 14-2507(A)A physical act of destruction only works if the testator intended to revoke the will. If a document gets damaged in a fire or by accident, that does not revoke it without intent behind the act. Your power of attorney holder cannot revoke your will for you either. Only the testator can take this step.
When a New Will Replaces or Supplements the Old One
Creating a new will does not always wipe out the old one entirely. Arizona law draws a line between replacement and supplement. If the new will makes a complete disposition of your real estate, financial accounts, and other assets, the law presumes you intended it to replace the earlier will. If the new will only addresses specific items, the law presumes it was meant to supplement.
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.
A.R.S. § 14-2507(C)These presumptions can be overcome with clear and convincing evidence. But the cleaner approach is to be explicit. A new will should state whether it revokes all prior wills and codicils. That one sentence avoids ambiguity. It prevents conflicting documents from complicating probate.
Families with minor children should pay special attention. Guardianship nominations in an older will could be lost if a newer planning document does not address them. Reviewing all existing state laws that affect your documents helps ensure nothing important falls through the cracks.