The implied revocation of a will, also known as a revocation by inconsistency, occurs when a testator, who already has a will, executes a new will which is inconsistent with the first and fails to include a provision expressly revoking the first will. The inconsistency between the wills revokes the first will.
For example, if a testator grants their primary home, Blackacre, to their first son but later grants Blackacre to their second son, the first will is revoked and Blackacre will transfer to their second son.
Whether the first will is entirely revoked or only the provisions inconsistent with the second will generally depends on the intentions of the testator when writing the second will.
[Last updated in January of 2023 by the Wex Definitions Team]
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