PART 4. REVOCATION OF WILLS AND RELATED SUBJECTS S 3-4.1 Revocation of wills; effect on codicils (a) Except as otherwise provided in this chapter, a revocation or alteration, if intended by the testator, may be effected in the following manner only: (1) A will or any part thereof may be revoked or altered by: (A) Another will. (B) A writing of the testator clearly indicating an intention to effect such revocation or alteration, executed with the formalities prescribed by this article for the execution and attestation of a will. (2) A will may be revoked by: (A) An act of burning, tearing, cutting, cancellation, obliteration, or other mutilation or destruction performed by: (i) The testator. (ii) Another person, in the presence and by the direction of the testator; in which case, the fact that the will was so revoked in the presence and by the direction of the testator shall be proved by at least two witnesses, neither of whom shall be the person who performed the act of revocation. (b) In addition to the methods set forth in paragraph (a), a will may be revoked or altered by a nuncupative or holographic declaration of revocation or alteration made in the circumstances prescribed by 3-2.2 by any person therein authorized to make a nuncupative or holographic will. Any such nuncupative declaration of revocation or alteration must be clearly established by at least two witnesses; any such holographic declaration, by an instrument written entirely in the handwriting of the testator, although not executed and attested in accordance with the formalities prescribed by this article for the execution and attestation of a will. (c) The revocation of a will, as provided in this section, revokes all codicils thereto. S 3-4.2 Agreement to convey property previously disposed of by will not a revocation An agreement made by a testator to convey any property does not revoke a prior testamentary disposition of such property; but such property passes under the will to the beneficiaries, subject to whatever rights were created by such agreement. S 3-4.3 Revocatory effect of a conveyance, settlement or other act affecting property previously disposed of by will A conveyance, settlement or other act of a testator by which an estate in his property, previously disposed of by will, is altered but not wholly divested does not revoke such disposition, but the estate in the property that remains in the testator passes to the beneficiaries pursuant to the disposition. However, any such conveyance, settlement or other act of the testator which is wholly inconsistent with such previous testamentary disposition revokes it. S 3-4.4 Conveyance of property of an incompetent or conservatee, previously disposed of specifically by will, not revocation or ademption In the case of a sale or other transfer by a committee or conservator, during the lifetime of its incompetent or conservatee, of any property which such incompetent or conservatee had previously disposed of specifically by will when he was competent or able to manage his own affairs, and no order had been entered setting aside the adjudication of incompetency at the time of such incompetent`s death, or the conservatorship continued through the date of the conservatee`s death, the beneficiary of such specific disposition becomes entitled to receive any remaining money or other property into which the proceeds from such sale or transfer may be traced. S 3-4.5 Insurance proceeds from specific disposition not subject to ademption Where insurance proceeds from property which was the subject of a specific disposition are paid after the testator`s death, such proceeds, to the extent received by the personal representative, are payable by him to the beneficiary of such disposition; and such proceeds retain the character of a specific disposition for all other purposes, including 12-1.2 and 13-1.3. S 3-4.6 Revocation or alteration of later will not to revive prior will or any provisions thereof (a) If after executing a will the testator executes a later will which revokes or alters the prior one, a revocation of the later will does not, of itself, revive the prior will or any provision thereof. (b) A revival of a prior will or of one or more of its provisions may be effected by: (1) The execution of a codicil which in terms incorporates by reference such prior will or one or more of its provisions. (2) A writing declaring the revival of such prior will or of one or more of its provisions, which is executed and attested in accordance with the formalities prescribed by this article for the execution and attestation of a will. (3) A republication of such prior will, whether to the original witnesses or to new witnesses, which shall require a re-execution and re-attestation of the prior will in accordance with the formalities prescribed by 3-2.1.
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