5. No Revocation

Question 1

What type of wills can be revived?

Answer 1

Partially revoked will
- Unless T’s intent not to revive (circumstances/T’s statements) (most states + UPC)

Wholly revoked will
- T’s intent to revive (circumstances/T’s statements) (most states + UPC)

Subsequent will revoked
- Re-execution/Republication of original will by valid codicil (some states)

Question 2

What is required for Dependent Relative Revocation to revive wills?

Answer 2

1) T’s mistake of fact/law re validity of another distribution
2) Revocation but for mistake
3) DRR applies if it comes closer to what T tried to do than would intestate distribution