NINTH CONCEPT: REVOCATION BY SUBSEQUENT WRITTEN INSTRUMENT

Question 1

In what two ways can Will #1 be revoked by Will #2?

Answer 1

Express and Implied.

Question 2

What is express revocation in wills?

Answer 2

Will #1 can be revoked by Will #2 if Will #2 expressly revokes Will #1.

Question 3

Will number 2 revokes will number 1 by implication if what?

Answer 3

will number 2 totally disposes of T’s estate

Question 4

Testator executes Will #1.Testator thereafter executes Will #2, which revokes #1 (expressly or impliedly). Testator thereafter revokes #2 by physical act (example, by cancellation or tearing). Is Will #1 automatically revived— restored or back in operation?

Answer 4

In California, Will #1 is not automatically revived

Question 5

Testator executes Will #1.Testator thereafter executes Will #2, which revokes #1 (expressly or impliedly). Testator thereafter revokes #2 by physical act (example, by cancellation or tearing). What is needed to revive will number one? (what sort of evidence can be used?)

Answer 5

Will #1 is revived only if testator manifests an intent to revive Will #1. Oral statements by testator at the time Will #2 was revoked are admissible. Thus, when testator revokes Will #2 and states, “Now Will #1 is back

Question 6

Testator executes Will #1.Testator subsequently executes Will #2, which revokes Will #1 (expressly or impliedly). Testator subsequently revokes Will #2 by codicil. Is Will #1 automatically revived, that is, restored or back in operation?

Answer 6

Will number 1 is not revived unless it appears from form the terms of the codicil that testator wanted will #1 revived.