Idaho Code 15-2-1107 – Revocation
Current as of: 2023 | Check for updates
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(1) An electronic will may revoke all or part of a previous will.
(2) All or part of an electronic will is revoked by:
(a) A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or
(b) 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.
Terms Used In Idaho Code 15-2-1107
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Idaho Code 15-2-1102
- Electronic will: means a will executed electronically in compliance with section 15-2-1105(1), Idaho Code. See Idaho Code 15-2-1102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testator: A male person who leaves a will at death.
- Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Idaho Code 15-2-1102