New York Law (NYLE) Practice Exam

Is Allison's revocation of her will effective after scratching out her daughter's inheritance?

1. Yes, because partial revocation of a will by physical act is permitted.

2. Yes, because Allison entered a new amount above the scratched-out amount.

3. No, because partial revocation of a will by physical act is not permitted.

4. No, because the revocation violates public policy regarding the legal right to marriage.

The correct answer is: No, because partial revocation of a will by physical act is not permitted.

The concept of revocation of a will in New York allows for both complete and partial revocation, but there are specific rules governing how this can be done. A will can be revoked in its entirety by a clear act indicating such intent, like tearing it up or burning it. However, New York law does not permit partial revocation by physical act if the act does not meet certain requirements. In Allison's case, simply scratching out her daughter's inheritance does not constitute an effective act of partial revocation. Unlike some other jurisdictions that might allow for partial revocation through physical modifications, New York requires that any changes to a will be executed formally, generally through a new document, i.e., a codicil. A codicil must also be properly executed according to statutory formalities. As such, the scratching out of an inheritance is insufficient by itself to revoke that part of the will, resulting in this action being ineffective under New York law. The law places importance on clear and formal methods of will modification to avoid disputes regarding intent and to uphold the testamentary wishes as clearly stated by the testator.