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- Alaska Statutes.
- Title 13. Estates, Guardianships, Transfers, Trusts.
- Chapter 12. Intestacy, Wills, and Donative Transfers
- Section 507. Revocation By Writing or By Act.
previous: Section 506. Choice of Law as to Execution.
next: Section 508. Revocation By Change of Circumstances.
AS 13.12.507. Revocation By Writing or By Act.
- (a) A will or a part of a will is revoked
- (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
- (2) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of
revoking the will or part of the will or if another individual performed the act in the testator's conscious presence
and by the testator's direction; in this paragraph, "revocatory act on the will" includes burning, tearing, canceling,
obliterating, or destroying the will or any part of it; a "revocatory act on the will" includes a burning, tearing, or
canceling whether or not the burn, tear, or cancellation touched any of the words on the will.
- (b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes
the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the
previous will.
- (c) 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. If this presumption arises and is not rebutted
by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's
death.
- (d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the
subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not
rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the
subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the
extent they are not inconsistent.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005