Uniform Electronic Wills Act § 7: Revocation

The Uniform Electronic Wills Act (UEWA) addresses how an electronic will may be revoked. Section 7 mirrors long-standing principles of will revocation while adapting them to the electronic context.

The core rule is simple: an electronic will can be revoked either by a later will or by a revocatory physical act performed with intent.

Text of UEWA § 7

SECTION 7. REVOCATION.

(a) An electronic will may revoke all or part of a previous will.

(b) All or part of an electronic will is revoked by:

(1) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or

(2) a physical act, if it is established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator’s physical presence.

Notes

The Uniform Electronic Wills Act is a model law. States may adopt it in whole, modify it, or decline to enact it. The rules discussed here therefore describe the structure of the model act rather than the law of any particular state.

Two Methods of Revocation

Section 7 recognizes two traditional mechanisms of revocation.

1. Revocation by a Subsequent Will

A later will can revoke an earlier electronic will in two ways:

• Express revocation: The later will explicitly states that prior wills are revoked.
• Revocation by inconsistency: The later will contains provisions that conflict with the earlier will.

This approach follows the same rule that applies to traditional paper wills.

Example: A testator executes an electronic will leaving everything to Alice. Later, the testator executes a new will leaving everything to Bob. Even if the new will does not mention the earlier one, the inconsistent disposition revokes the prior will.

2. Revocation by Physical Act

An electronic will may also be revoked by a physical act performed with the intent to revoke.

Under § 7(b)(2), revocation by physical act must be established by a preponderance of the evidence that:

• the testator intended to revoke the will, and
• the testator performed the physical act or directed another person to perform it in the testator’s physical presence.

The UEWA intentionally preserves the traditional doctrine of revocation by physical act, even though the will itself is electronic.

Examples may include:

• Deleting the electronic will file with the intent to revoke it.
• Physically destroying the storage device containing the will.
• Directing another person to delete the file while the testator is present.

The key issue is intent, supported by evidence showing that the act was performed to revoke the will.

Why the Physical Act Requirement Matters

Electronic documents can be copied, duplicated, and stored in multiple locations. Because of this, proving revocation may be more complicated than with paper wills.

Section 7 therefore requires proof that:

• a revocatory act occurred, and
• the testator intended that act to revoke the will.

The preponderance-of-the-evidence standard applies to establishing revocation by physical act under § 7(b)(2).

Partial Revocation

Section 7 allows revocation of all or part of an electronic will.

For example:

• A later will might revoke only specific provisions.
• A physical act might target only a portion of the electronic will if that intent can be established.

However, determining partial revocation in electronic documents may present practical challenges, particularly if the original electronic record remains intact elsewhere.

Key Takeaway

Section 7 confirms that electronic wills follow the same basic revocation principles as traditional wills:

• A later will can revoke an earlier one.
• A will can be revoked by a physical act performed with intent.

The Uniform Electronic Wills Act adapts these familiar doctrines to digital records while preserving the core requirement that revocation must reflect the testator’s intent.