Written Revocation of Will - New Mexico 2025

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The three most common methods used to revoke a will are: by operation of law, by a subsequent will or codicil, and. by physical act.
The common physical acts are burning, cutting, tearing, or otherwise destroying the document, or drawing lines or otherwise obliterating the words in the documents text. It is important to remember that a will cannot be revoked accidentally. If a will is merely misplaced, lost, or stolen, it is not revoked.
There are two ways to change an existing Will: you can either create a codicil or revoke your existing Will. The previous Will may be revoked by creating a new one or physically destroying the original one.
In California, under section 6120 of the Probate Code, a will can be revoked by, [b]eing burned, torn, canceled, obliterated, or destroyed with the intent and for the purpose of revoking it, by either the (1) testator or (2) another person in the testators presence and by the testators direction. Depending on the
In New Mexico, a will can be handwritten, but it must always be signed and witnessed, as indicated above. The state does not recognize a holographic will that is handwritten and unsigned.
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If a court finds that an individual is suffering from dementia, is under the influence of drugs or alcohol, or is incapable of understanding the document being executed for some other reason, the court may invalidate the will on the grounds that the individual does not have testamentary capacity.

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