Any last will and testament may be revoked in whole or in part by the testator at any time. The same requirements apply to revocation as to the creation of a will; the testator must have legal capacity, i.e., be of sound mind and of legal age. When revoking a will, one is not bound by the formal requirements of the original will. The only important thing is that the revocation itself is declared by the testator and carried out in a formally correct manner.
There are three ways to revoke a will:
- Explicit Revocation: The testator explicitly revokes the will. The revocation must be made in the form prescribed for the execution of a will (see formal requirements: Courts of Zurich).
- Revocation by Destruction: The will is physically destroyed by the testator. Examples of destruction include crossing it out, throwing it away, tearing it up, or burning it. To avoid any uncertainty, all copies or transcripts should be destroyed if possible. (Note: In the case of a public will, the original document must be destroyed.)
- Revocation by a New Will: In this case, the testator draws up a new will. The legal presumption applies that the new will supersedes the earlier one, unless it is beyond doubt that the new will is merely a supplement to the earlier one. (Note: It is therefore important to specify clearly that all parts are to be replaced. For example, a phrase such as “I hereby revoke all dispositions of property upon death that I have ever made” is appropriate.)
If a will has been properly revoked, its provisions are invalid. Unless other dispositions have been made, the order of statutory succession applies.
More on this topic:
How can I revoke a power of attorney?
Formal requirements for a will
How can I amend my will?
Does the will remain valid after a divorce?
Action to reduce the value of an inheritance