Revocation

Question 1

When can a will be revoked?

Answer 1

Anytime before death. In full or part.

Question 2

What are the three ways to revoke a will?

Answer 2

Subsequent Instrument

• Express (a writing)
• Implied (a writing that is inconsistent with prior will). So long as valid, later will controls.

Physical Act

• Burning, tearing, crossing stuff out.
• Destroying specific language: Majority: particular language must be destroyed. UPC: Only requires the destruction of some part of will.
• Lost wills: Rebuttable presumption that the testator revoked will. Burden is on proponent to show will’s existence by clear and convincing evidence.

Operation of Law

• Divorce revokes will provisions in favor of former spouse. Unless there is evidence he wanted will to survive.
• Subsequent marriage does not revoke will.

Question 3

What is third party revocation?

Answer 3

A third party can revoke on behalf of the testator if; at the testator’s discretion, and in the testator’s conscious presence.

Question 4

What is the rule for revoking codicils?

Answer 4

By revoking a will, also revoke codicil. But, the opposite is not true.

Question 5

What is revival?

Answer 5

Republication
- UPC and majority: does not recognize automatic revival of a revoked will. Need to re-execute

Dependent Relative Revocation (DRR): Safety valve for testators who revoke a will on the basis of a mistake. Invalidates the mistaken revocation and revives the earlier will.