If a testator physically crosses out a bequest in a later will with intent to revoke that bequest, what is the effect in jurisdictions that recognize partial revocation by physical act?

• A. The entire will is revoked.
• B. The crossed-out bequest is revoked while the rest of the will remains valid.
• C. The cross-out has no effect on the bequest.
• D. The entire will is automatically revived to a prior form.

Answer: (C)

The concept being tested is how revocation by physical acts is treated when there are multiple wills. In jurisdictions that recognize partial revocation by physical act, a person can revoke a specific provision by a clear, intentional physical act on the instrument. However, that revocation typically applies within the instrument itself or through a properly executed amendment (codicil) that meets all formal requirements. When the crossing-out occurs in a later will, and there isn’t a properly executed codicil or distinct revocation instrument, the cross-out is not automatically recognized as valid revocation of that bequest. In that scenario, the cross-out has no effect on the bequest, so the intended revocation does not stand and the bequest remains as written.

Choosing an outcome that revokes the entire will would require a different kind of act (destruction or revocation of the whole instrument with the appropriate intent). Reviving a prior form would require a separate legal step showing revival of an earlier will, not merely striking through a clause in a later one.