The testator may revoke his testamentary disposition expressly or by implication. Sometimes, however, the drawing up of a new testamentary disposition may also constitute a complete or partial revocation of the previous one. The revocation may also be effected by corresponding effects (crossing out etc.) on the will (§§ 713 ff ABGB). The involvement of witnesses is not necessary for this.
Under certain circumstances, revocation is legally presumed (§§ 724 ff ABGB). Accordingly, in particular the revocation of those testamentary dispositions is presumed which were made before the dissolution of the marriage (or registered partnership or cohabitation) during the lifetime of the deceased and which concern the former spouse (or registered partner or partner (Lebensgefährte)). This does not apply if the deceased has expressly ordered the opposite. The same applies to the annulment of filiation or the revocation or annulment of adoption.
The requirements for a cohabitation (Lebensgemeinschaft), the cessation of which can also lead to the presumed revocation of a testamentary disposition, are not particularly stringent, especially in cases with a significant age difference (OGH 2 Ob 173/21m). Phone calls after a separation are not sufficient to assume the resumption of a cohabitation (OGH 2 Ob 97/22m).
In order to avoid misunderstandings, it should be clearly documented whether and, if so, which testamentary dispositions are to continue to be valid. This is also advisable insofar as, in the event of the destruction of a testamentary disposition, earlier testamentary dispositions could again become effective.