2. Revocation

Question 1

Revocation by physical act requires:

Answer 1

1. Intent to revoke
2. Physical act

FL statute refers to “burned, torn, canceled, obliterated or destroyed”

Question 2

Revoking one of the copies?

Answer 2

Act of revocation on one copy, revokes all copies.

Question 3

VOID written on back of the will?

Answer 3

Wrong! Act must cross some of the language on the will

Question 4

“I cancel this will” written and signed in margin of will

Answer 4

Wrong!

Question 5

VOID written on face of Xerox copy?

Answer 5

Wrong! Must cross will itself.

Question 6

PRESUMPTION: Will in T’s possession from time of execution until death and found in mutilated condition after T’s death.

Answer 6

Presumption:

T did the act with intent to revoke.

Question 7

PRESUMPTION: Will last seen in T’s possession and control not found after T’s death.

Answer 7

Presumption:

T destroyed with intent to revoke.

Question 8

T calls his attorney, the place where the will is located and orders his attorney to destroy T’s will. The order is never carried out. Will revoked?

Answer 8

No, you need intent + act

What if attorney had destroyed will?
NO since revocation by another person must be (1) at T’s direction and (2) in T’s presence

Question 9

Lost Wills Statute:

Answer 9

1. Due execution must be proved by testimony of any one attesting witness.
2. Contents must be clearly and distinctly proved by the testimony of at least two disinterested persons, a correct copy being the equivalent of one of them (correct copy: carbon or photo copy not a typewritten draft from which only a few minor changes had been made).

Question 10

Revocation of will and codicils:

Answer 10

Revocation of will revokes all codicils thereto BUT revocation of a codicil to a will does not automatically revoke the will. Instead, in absence of contrary intent, it is presumed that testator intended his will as originally executed.

Question 11

When will and codicil contradict:

Answer 11

Try to make both work, but if you cannot, go with the terms in the latest one.

Question 12

Divorce

Answer 12

Divorce following will revokes all provisions in favor of spouse (act like she died).

WARNING: Mere separation does not affect rights, but separation with complete property settlement results in a waiver.

Question 13

T’s typewritten will made a bequest of 10,000. Subsequent to execution, T drew a line through 10,000 and put 15,000 and signed name on margin opposite change. Valid?

Answer 13

NO, unless sometime after change T re-executes will or republishes will. But the 10,000 will not be revoked because not partial revocation by physical act.