The Default Rule: Revoked Wills Stay Revoked
This statute addresses a scenario that catches people off guard. Suppose you sign Will A, then sign Will B that completely replaces it. Later, you destroy Will B. Does Will A come back into effect? Not automatically.
If a testator revokes a subsequent will that wholly revoked a previous will under section 14-2507, subsection A, paragraph 2, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
A.R.S. § 14-2509(A)When you physically destroy a subsequent will that had completely replaced an earlier one, the earlier will remains revoked. There must be clear evidence you intended it to come back. Circumstances of the revocation and your own statements at the time can establish that the testator intended the previous will to take effect as executed. But the burden is on proving it.
Partial Revocation Works Differently
The rules shift when the subsequent will only partially revoked the previous one. If you destroy the will that partially revoked the earlier document, the revoked portions are presumed to come back into effect. The presumption flips. You would need evidence showing you did not intend the original provisions to be restored.
When a third will revokes the second (rather than physical destruction), the analysis changes again. The earlier will is revived only to the extent the third will's terms show that intent. In practice, the third will must specifically reference the earlier provisions it intends to reinstate.
This layered approach reflects a simple principle: Arizona law does not guess what you wanted. Each revocation stands on its own. Revival requires evidence of intent. For families managing multiple versions of estate documents, working with qualified counsel to ensure each new document clearly addresses the fate of all prior versions avoids this complexity entirely.