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In harmony with this provision of substantive law, we find section 623 of the Code of Civil Procedure, which provides that no will shall be revoked, except by implication of law, otherwise than by some will, codicil, or other writing executed as provided in case of wills.
Provided a testator (the person making the Will) retains testamentary capacity a Will can be revoked (cancelled) at any time during the testators lifetime. If a Will is revoked and a replacement Will is not made, then the testator will die intestate.
Revocation of a Will / Loss of a Will By execution of a subsequent will. By some writing and declaring an intention to revoke the will. By burning of the will. By tearing of the will. Otherwise destroying the will.
Section 2-507: Revocation by writing or by act (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 or if another individual performed the act in the testators conscious presence and by the testators direction.
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