REVIVAL OF REVOKED WILLS

Question 1

Revival of Revoked Wills Checklist

Answer 1

• Revival of Will or Codicil Revoked by Physical Act
• Dependent Relative Revocation

Question 2

Revival of Will or Codicil Revoked by Physical Act

Answer 2

A will or codicil that was revoked by physical act can be revived if it is shown that the testator had the intent to revive.

Question 3

Dependent Relative Revocation

Answer 3

Applies when the testator ineffectively revokes a will due to a mistake belief of law or fact.

It must be shown that the testator would not have revoked the will but for the mistaken belief.

Courts only apply this doctrine if doing so would fulfill the testator’s intent and can cancel the revocation or let the revocation stand.