CJI-Civ. 34:8

A testator who has made a Will may revoke that Will or any part of that Will by

performing an act of revocation of the Will with the intent to revoke it or part of it. A

testator may also revoke a Will by directing another person to perform an act of revocation

if that other person performs the act of revocation in the conscious presence of the testator.

An act of revocation of a Will or any part of a Will includes but is not limited to

burning, tearing, canceling, obliterating, or destroying the Will or part of the Will. For a

burning, tearing, canceling, or other act to be a revocation of the Will, it is not necessary

that the burn, tear, cancellation, or other act have touched any of the words on the Will.

(“Conscious” means that the testator was aware through one or more of the

testator’s senses that the act of revocation was being performed by the other person.

“Presence” requires that the other person was physically near the testator, though not

necessarily within the testator’s line of sight.)