Which of the following constitutes a valid revocation by physical act?

• A. Burning, tearing, cutting, canceling (writing across words), obliterating, or mutilating the will in the testator's presence or in the presence of two witnesses.
• B. Scattering ashes on a grave.
• C. Drafting a new will with revocation clause.
• D. Filing a notice of revocation with the court.

Answer: (A)

A valid revocation by physical act happens when the testator intentionally destroys the will by a physical act with the clear aim to revoke it, and the destruction is performed in the testator’s presence or in the presence of two witnesses. The listed acts—burning, tearing, cutting, canceling (writing across words), obliterating, or mutilating the will—are the kinds of destruction that demonstrate this intent and meet the requirement. Scattering ashes on a grave doesn’t affect the actual document, so it isn’t a revocation. Drafting a new will with a revocation clause might revoke prior wills, but that’s a new instrument effecting revocation, not a physical destruction of the old will. Filing a notice with the court is a procedural step, not destruction of the will itself.