Revival

Question 1

Ways to Revive a Will

Answer 1

1. Re-execute the will with proper formalities
2. Republication
3. By operation of law – Dependent Relative Revocation

Question 2

Republication

Answer 2

Codicils republish wills on the date the codicil is executed

Question 3

Dependent Relative Revocation (DRR)

Answer 3

• Testator revokes an old will with the intention that a newly executed will replace it.
• New will is not made or is invalid.
• Revoked will is admitted to probate on the theory that the testator did not intend the revocation to occur unless the new will’s provisions should take effect

A judge will only apply DRR if will #1 and #2 are similar