4. Revocation

Question 1

Can marriages (partially) revoke wills after execution?

Answer 1

Revocation (UPC + some states)

• New spouse takes intestate share (omitted spouse)
• Unless will made in contemplation of marriage/intentional omission/provision for new spouse

No revocation (most states)

Question 2

What is required for Testator to revoke a will?

Answer 2

1) Capacity

2) Before T’s death

Question 3

Can divorces/annulments (partially) revoke wills after execution?

Answer 3

Revokes gifts + fiduciary appointments (as executor/guardian/trustee) in favour of former spouse (most states)

Revokes gifts + fiduciary appointments (as executor/guardian/trustee) in favour of former spouse + relatives (UPC)

Question 4

What is required for revocation of wills by codicil?

Answer 4

1) Will formalities
2) Will treated as executed on last codicil date
3) Inconsistent provisions taken over by codicil (partially valid will => Defective provisions added to intestate)
4) Consistent provisions remain in effect (valid will)

Question 5

What is required for revocation of wills by physical act?

Answer 5

1) Physical act (rebuttable presumption of revocation)
- Burning
- Tearing
- Cancelling
- Obliterating
- Lost/Destroyed (unless TP possession/adversely affected Ben has access/proof of valid execution + cause of non-production + will contests)

2) Material portion of will

3) T’s intent (at time of act)
- NOT accidental

4) By Testator/Another (T’s direction + presence)

Question 6

Does revocation of codicil revoke will?

Answer 6

Yes