Partial revocation by physical act: is it allowed?

• A. No; partial revocation can only occur by another will or a writing executed and attested with the formalities of a will.
• B. Yes; partial revocation can be accomplished by destroying a page from the will.
• C. Yes; partial revocation can be effected by tearing out a section and stating intent.
• D. No; partial revocation by physical act is allowed if the will contains a specific clause.

Answer: (A)

Revoking only part of a will by a physical act isn’t permitted under New York law. To change or revoke specific provisions, the testator must use a separate instrument that follows will formalities—typically a codicil or a new will—that explicitly revokes or modifies those provisions. A mere destruction, tearing out, or other partial physical act on the will does not create a valid partial revocation and can lead to ambiguity; it doesn’t count as revoking only the selected parts.

In practice, if the person wants to alter dispositions, they would execute a codicil or draft a new will that, by its terms, revokes or changes the targeted provisions. Destroying the entire will with intent to revoke would revoke everything. The idea that a clause allowing partial revocation by physical act would be effective is not how NY law treats partial revocation.