D. Revocation

Question 1

What is required for full revocation of a will by physical act?*

Answer 1

Burning

Cancelling
- Writing across words

Cutting

Mutilating

Obliterating

Tearing

Question 2

What is required for full revocation of a will by subsequent writing?*

Answer 2

1) T’s clear intention to effect revocation

2) Formalities of will execution

Question 3

What is required for full revocation of a will by destruction?

Answer 3

1) Testator destroys/directs another to destroy will
2) In Testator’s presence
3) In 2 Witnesses’ presence

Question 4

What is required for partial revocation of a will?*

Answer 4

By writing

1) Formalities of Will (Codicil)
2) Partial revocation by another will/writing

NOT by physical act

Question 5

What is required for submitting a lost/destroyed will for probate?*

Answer 5

1) Will NOT revoked
- Burden of proof on Testator!!!

2) Will was properly executed

3) Either;
- ALL Will provisions can be clearly and distinctly proved by at least 2 credible witnesses
- Copy/Draft of will proved to be true and complete

Question 6

How may Testator revive prior will if revoked by later will containing revocation clause?*

Answer 6

Execute codicil that incorporates will provisions by reference

Execute writing that declares revival of prior will
- Will formalities required

Re-execute + Re-attest prior will
- Will formalities required

Question 7

What is Dependent Relative Revocation (DDR) doctrine? When does DDR apply?*

Answer 7

If condition to revoke will is NOT fulfilled => Revocation is NOT effective

If Testator cancels will + intends to make new testamentary disposition BUT fails/is not made => DDR applies

Question 8

When are dispositions to former spouses revoked?*

Answer 8

Judicial separation

Divorce

Annulment

Marriage declared as void

Marriage dissolved on ground of absence

Question 9

What type of dispositions to former spouses may be revoked?

Answer 9

Dispositions

• By will
• By PoA
• By beneficiary designations for securities/life insurance/pension/retirement benefits
• By revocable trust (Totten Trusts)

Nominations of former spouses to serve in fiduciary/representative capacity

Question 10

Who does disposition to former spouses pass to if revoked?

Answer 10

Alternative beneficiaries