Will Revocation

Alabama law requires that a physical act of revocation performed by someone other than the testator must be done in the testator’s presence and must be proved by at least two witnesses.

In Maxwell v. Dawkins, No. 1051443, 2006 WL 3692427 ( Ala. Dec. 15, 2006), the court held that the testator revoked his will where the testator’s lawyer wrote a statement of revocation on the will that the testator signed.  The signature was the physical act of revocation and having been made by the testator, two witnesses were not required.