Ohio § 2107.33

§ 2107.33.

(A) A will shall be revoked in the following manners: (1) By the testator by tearing, canceling, obliterating, or destroying it with the intention

of revoking it; (2) By some person, at the request of the testator and in the testator's presence, by

tearing, canceling, obliterating, or destroying it with the intention of revoking

it; (3) By some person tearing, canceling, obliterating, or destroying it pursuant to the

testator's express written direction; (4) By some other written will or codicil, executed as prescribed by this chapter; (5) By some other writing that is signed, attested, and subscribed in the manner provided

by this chapter. (B) If after executing a will, a testator is divorced, obtains a dissolution of marriage,

has the testator's marriage annulled, or, upon actual separation from the testator's

spouse, enters into a separation agreement pursuant to which the parties intend to

fully and finally settle their prospective property rights in the property of the

other, whether by expected inheritance or otherwise, any disposition or appointment

of property made by the will to the former spouse or to a trust with powers created

by or available to the former spouse, any provision in the will conferring a general

or special power of appointment on the former spouse, and any nomination in the will

of the former spouse as executor, trustee, or guardian shall be revoked unless the

will expressly provides otherwise. (C) Property prevented from passing to a former spouse or to a trust with powers created

by or available to the former spouse because of revocation by this section shall pass

as if the former spouse failed to survive the decedent, and other provisions conferring

some power or office on the former spouse shall be interpreted as if the spouse failed

to survive the decedent.  If provisions are revoked solely by this section, they shall be deemed to be revived

by the testator's remarriage with the former spouse or upon the termination of a separation

agreement executed by them. (D) A bond, agreement, or covenant made by a testator, for a valuable consideration,

to convey property previously devised or bequeathed in a will does not revoke the

devise or bequest.  The property passes by the devise or bequest, subject to the remedies on the bond,

agreement, or covenant, for a specific performance or otherwise, against the devisees

or legatees, that might be had by law against the heirs of the testator, or the testator's

next of kin, if the property had descended to them. (E) A testator's revocation of a will shall be valid only if the testator, at the time

of the revocation, has the same capacity as the law requires for the execution of

a will. (F) As used in this section: (1) “ Trust with powers created by or available to the former spouse ” means a trust that is revocable by the former spouse, with respect to which the

former spouse has a power of withdrawal, or with respect to which the former spouse

may take a distribution that is not subject to an ascertainable standard but does

not mean a trust in which those powers of the former spouse are revoked by section 5815.31 of the Revised Code or similar provisions in the law of another state. (2) “ Ascertainable standard ” means a standard that is related to a trust beneficiary's health, maintenance, support,

or education.