Will Revocation and Revival Requirements in Kansas

At a glance

Requirements one by one

Governing law and scope

Kansas uses three consecutive sections. Section 59-610 addresses marriage followed by a child and divorce. Section 59-611 states the written and physical methods of revocation or alteration. Section 59-612 supplies the revival rule after revocation of a second will.

Later will, codicil, or writing

Under § 59-611, another written will may revoke or alter an earlier written will. A separate writing that declares revocation or alteration works only if executed with the same formalities the law required for the will itself. An informal note therefore does not satisfy that statutory route.

Physical or electronic revoking act

The listed acts are burning, tearing, canceling, obliterating, or destroying the will. The act must be done with the intent and purpose of revoking it. Section 59-611 states no distinct deletion or other electronic-record method.

Act by another person

Another person may perform the listed act only in the testator's presence and by the testator's direction. Section 59-611 does not add a statutory witness count for the directed act itself.

Partial revocation

Kansas expressly permits a written will to be “revoked or altered” by another will or by a same-formality declaration. The physical-act clause instead refers to burning, tearing, canceling, obliterating, or destroying “such will” and does not expressly state that acting on only one provision revokes that part.

Intent, proof, and presumptions

Physical revocation requires both intent and a revocatory purpose. The three sections state no numerical evidence standard and do not create a presumption merely because an original will is missing or marked.

Divorce, annulment, and other family events

Marriage by itself is not the whole trigger in § 59-610. The will is revoked when, after making it, the testator marries and has a child by birth or adoption. Divorce instead revokes all will provisions in favor of the divorced spouse. The section does not state a separate annulment or remarriage consequence.

Revival after a later will or revoking act

Revocation of a second will does not automatically revive the first. Section 59-612 recognizes revival when the terms of the revocation show the testator intended to revive the first will, or when the testator duly republishes the first will after the later revocation.

Reexecution, republication, and codicil effect

The formal republication route requires the testator to republish the first will in the presence of at least two competent witnesses, who must subscribe it in the testator's presence. Section 59-612 states no separate default for provisions changed by a later-revoked codicil.

What trips people up

Kansas couples two family events for whole-will revocation: later marriage and a child by birth or adoption. Divorce has a narrower effect, revoking the provisions favoring the former spouse rather than every provision of the will.

Destroying the second will is not enough by itself to restore the first. The statute still requires revival intent shown in the revocation terms or a two-witness formal republication of the first will.

Common questions

Can a Kansas will be revoked by a separate written declaration?

Yes, but § 59-611 requires that declaration to be executed with the same formalities required for the will. A bare signed note should not be assumed sufficient.

Does divorce revoke the entire Kansas will?

No. Section 59-610 revokes the provisions in favor of the former spouse.

How many witnesses are required to republish the first will?

At least two competent witnesses. They must subscribe the first will in the testator's presence under § 59-612.

Statutes and sources

• K.S.A. § 59-610 — family events. Later marriage plus birth or adoption of a child revokes the will; divorce revokes former-spouse provisions. Official text (accessed 2026-08-01).
• K.S.A. § 59-611 — methods and intent. Sets the other-will, same-formality writing, listed-act, intent, and directed-person rules. Official text (accessed 2026-08-01).
• K.S.A. § 59-612 — revival and republication. Rejects automatic revival and supplies the intent and two-witness republication routes. Official text (accessed 2026-08-01).