California Probate Code Section 6120

Legal Definition

A will or any part thereof is revoked by any of the following:

(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.

(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.

Basic Definition

Section 6120: Lists the methods by which a will can be revoked, such as by subsequent wills or physical destruction.

In-Depth Overview and Use Cases

Section 6120 explains how a will can be revoked. Creating a new will that expressly or implicitly revokes the prior one is one method. Physical acts such as burning, tearing, or destroying the will are also methods of revocation, provided they are performed by the testator or directed by them. For instance, an updated estate plan often replaces previous wills, or a testator might destroy a prior will due to a significant life change.

Application & Relevance

This section is vital in probate litigation where will validity is contested. Attorneys use it to prove or dispute claims of revocation. For example, they may challenge an alleged revocation by arguing that destruction wasn’t performed by or at the testator’s direction. It is also referenced in cases involving multiple conflicting wills.

Legal Scenario

Contesting a Will

Probate Code Impact

Section 6120 is crucial for contesting the validity of a will, providing a basis for claims that the will was revoked by a subsequent will or physical destruction, which can be challenged in court.

Legal Scenario

Trust Contests

Probate Code Impact

In trust contests, attorneys will analogize the revocation process of wills provided for in Section 6120 to argue whether a trust was revoked by a subsequent document or act of destruction, impacting the distribution of assets.

Frequently Asked Questions

How can a will be revoked according to Section 6120?

A will can be revoked by a subsequent will that expressly or implicitly revokes the prior will, or by physical destruction such as burning, tearing, or canceling, done by the testator or under their direction.

What actions can revoke a will under Section 6120 other than creating a new will?

Physical destruction, such as tearing, burning, or obliterating the will, can revoke it if done with the intent to revoke, either by the testator or by another person in the testator’s presence and direction.

How does Section 6120 relate to updating an estate plan?

Section 6120 supports the revocation of previous wills when a new estate plan is created, either through explicit revocation or destruction of the earlier will.