What the rule says
Pennsylvania law restricts will revocation to specific methods. Under 20 Pa.C.S. § 2505, a will may be revoked only by:
1. A later will or codicil that revokes the prior will, either expressly or by inconsistency. A later will that says "I hereby revoke all prior wills and codicils" effects complete revocation. A later will that addresses the same property differently revokes the prior will to the extent of the inconsistency. 2. A separate writing executed and proved in the same manner as a will. A document that expressly revokes the prior will is effective only if it is executed with the same formalities required for a Pennsylvania will under § 2502 — written and signed by the testator at the end. A casual writing that says "I revoke my will" is effective if signed by the testator, given Pennsylvania's permissive will-execution rule. (Note: although witnesses are not required at execution, the writing must still be signed at the end.) 3. Physical destruction by the testator with intent to revoke. Burning, tearing, cancellation, obliteration, or destruction of the will by the testator (or by another person at the testator's direction and in the testator's presence), performed with the intent to revoke, effects revocation.
Verbal revocation has no legal effect. The testator's verbal statement that they revoke their will, without one of the listed methods, does not affect the will's validity.
How partial vs. complete revocation works
Pennsylvania allows both complete and partial revocation, but the methods differ:
- Complete revocation by later will. A new will containing express revocation language eliminates the prior will entirely. This is the cleanest and most common method. - Partial revocation by later will. A later will that does not expressly revoke prior wills may revoke them only to the extent of inconsistency. The two wills are read together, with the later prevailing where they conflict. - Complete revocation by physical destruction. Tearing, burning, or destroying the entire will with intent to revoke effects complete revocation. - Partial revocation by physical alteration. Pennsylvania law is unclear about partial physical revocation. Striking through a single bequest may not be effective and may produce ambiguity at probate. The cleanest practice is to revoke the entire will and execute a new one.
The "intent to revoke" element is essential. Accidental destruction does not effect revocation. A will torn during a move, destroyed in a fire, or accidentally shredded is not revoked unless the testator intended the destruction to operate as revocation.
What this means in practice
The rules produce specific scenarios:
- A testator destroys their will and creates a new one. Both methods (physical destruction and new will) effect revocation. The new will controls. - A testator says "I revoke my will" in front of witnesses. No legal effect. The will remains valid. - A testator writes "I revoke my will" on a piece of paper and signs it. This is effective in Pennsylvania (because witnesses are not required) if the writing is signed at the end. The writing operates as a separate revocation document. - A testator crosses out a single bequest and initials the change. Likely no legal effect. The original bequest may still be honored at probate. - A testator writes a new will saying "I revoke all prior wills" but does not destroy the old will. The express revocation in the new will is sufficient. The old will is revoked. - A testator's will is missing at death. Pennsylvania presumes the testator destroyed the will with intent to revoke. The proponent of a copy must rebut this presumption with evidence.
What you can do about it
To revoke a Pennsylvania will reliably:
- Execute a new will with express revocation language. A new will that says "I hereby revoke all prior wills and codicils" is the cleanest method. - Physically destroy the original and any unrecorded copies. Even with a new will, destroying the old will eliminates ambiguity about which document is operative. - Avoid partial alterations. Do not cross out, write over, or otherwise modify the will after execution. Execute a codicil or new will instead. - Sign any separate revocation document at the end. Pennsylvania does not require witnesses for revocation by separate writing if the writing is signed at the end, but a signed and dated revocation document is more reliable. - Document your intent. When destroying a will, do so in front of witnesses or with a contemporaneous note explaining the act. This helps establish intent if the question arises later.
Who this affects most
The revocation rules are most relevant for:
- Pennsylvanians updating their estate plans who need to know which methods effectively revoke prior wills - Households with multiple wills executed over the years where the testator's intent regarding which is operative is unclear - Estates where the original will cannot be located — the presumption of revocation by destruction must be addressed by the proponent of any surviving copy - Anyone tempted to make handwritten alterations to an existing will rather than executing a new instrument
Pennsylvania's revocation methods are formal and exclusive. Following them — particularly by executing a new will that expressly revokes prior instruments — eliminates ambiguity about which document controls the estate at the testator's death.