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Missouri Revised Statutes

Mo. Rev. Stat. § 474.400 (2026)

Revocation of wills

✓ current as of May 2026
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  474.400.  Revocation of wills. — No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, cancelling, tearing or obliterating the same, by the testator, or in his presence, and by his consent and direction.

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(RSMo 1939 § 521, A.L. 1955 p. 385 § 269)

Prior revisions: 1929 § 520; 1919 § 508; 1909 § 538

(1961) In proceeding to contest will on ground proposed will had been revoked by later will, the burden was on the contestants to show execution of later will and that it either expressly revoked the proposed will or that its provisions were so inconsistent with the prior will as to revoke the former will by implication. Yates v. Jeans (A.), 345 S.W.2d 657.

(1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the distributees of the remaining nine-tenths of his estate intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct testamentary disposition which, since not attested, were not legally effective and, applying doctrine of dependent relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union National Bank of Springfield (A.), 504 S.W.2d 647.

Notes of Decisions
Cited in 8 cases, 1961–2010 · leading case: Salem United Methodist Church v. Bottorff, 138 S.W.3d 788 (Mo. Ct. App. 2004).
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Salem United Methodist Church v. Bottorff, 138 S.W.3d 788 (Mo. Ct. App. 2004). · cites it 5× “The individual defendants’ primary argument was that § 474.400 applied to this trust and permitted its revocation by the physical act of tearing out the page containing its distributive provisions.”
Hoit v. Rankin, 320 S.W.3d 761 (Mo. Ct. App. 2010). · cites it 2× “Section 474.400; Humphreys v. Welling, 341 Mo.”
Baiwir v. Moody, 947 S.W.2d 822 (Mo. Ct. App. 1997). · cites it 4× “Following a trial without a jury, the trial court found: The controlling statute is Section 474.400, RSMo.[ 1 ] which states as follows: “No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or…”
Cockrum v. Cockrum, 550 S.W.2d 202 (Mo. Ct. App. 1977). “Therefore, if Clay had not been competent to execute the will as declared by plaintiffs, he would not have been competent to revoke it in any of the ways specified in § 474.400, V.A.M.S. 3 But since the trial court found Clay was competent to make the will and had not revoked…”
Crist v. Nesbit, 352 S.W.2d 53 (Mo. Ct. App. 1961). · cites it 2× “’ ” Section 474.400 V.A.M.S., states how a Will can be revoked, viz.”
Summers v. Sitze, 580 S.W.2d 562 (Mo. Ct. App. 1979). · cites it 3× “Section 474.400 RSMo.1969 provides: “No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, canceling, tearing or obliterating the same, by the testator, or in his presence, and by…”
Oliver v. Union Nat'l Bank of Springfield, 504 S.W.2d 647 (Mo. Ct. App. 1974). · cites it 2× “The Bank relies upon § 474.400, RSMo. 1969, V.A.M.S., which provides: “No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, canceling, tearing or obliterating the same, by the…”
In Re the Trust Est. of Rivas, 666 P.2d 691 (Kan. 1983). “Mo. Rev. Stat. § 474.400 (1978) provides: “No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will' in writing, or by burning, canceling, tearing or obliterating the same, by the testator, or in his presence,…”
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