Revocation

Question 1

T/F: Revocation can be applied to an invalid will

Answer 1

FALSE.

There MUST be a valid will for revocation

Question 2

Types of revocation

Answer 2

1. by subsequent writing
2. by physical act
3. by operation of law

Question 3

GR for revocation

Answer 3

Generally, there must be revocatory intent and revoked by subsequent writing, physical act or operation of law

Question 4

2 types of revocation by subsequent writing

Answer 4

Express and implied.

Question 5

An ______ revocation is a express provision in the will revoking a testamentary instrument

Answer 5

express

revokes the ENTIRE writing

Question 6

An _____ revocation makes devises inconsistent with previous writing

Answer 6

implied.

Does not revoke the previous WRITING but inconsistent PROVISIONS in the writing.

Question 7

GR for physical acts

Answer 7

Revocation by physical acts include but are not limited to mutilations or cancellation and obliterations that show intent to revoke instrument.

Question 8

Examples of physical acts [towards the paper v. towards the words]

Answer 8

Towards the INSTRUMENT/WRITING: mutilations, burning, cutting and tearing

Towards the WORDS on the writing: obliteration and cancellation

Question 9

T/F: Partial revocation raises questions of testator’s intent to reovke

Answer 9

True;

Total destruction is no required but preferred

Question 10

CL or UPC? The act HAS to touch the words on the writing

Answer 10

CL

Question 11

CL or UPC? The act does not have to touch words

Answer 11

UPC; raises presumption if the will was meant to be revoked or not.

Question 12

Proxy physical act

Answer 12

A proxy revocation must be in the presence of the testator, at their request and in the presence of the witnesses.

Question 13

By operation of law [3 catergories]

Answer 13

1. Subsequent marriage: Old will does not recognize new spouse.
2. Subsequent birth/adoption of child.
3. Subsequent divorce: ex-spouse’s share is revoked

Question 14

Dependent relative revocation [DRR]

Answer 14

Under the doctrine of relative revocation, the testator has a valid will that was revoked upon a mistaken assumption of law or fact and the testator would have not revoked the will but for the mistaken belief.

Question 15

Analysis for DRR

Answer 15

1. Is there a valid revocation?

Yes: Was the revocation based on mistaken belief on law or fact?

• Yes: DRR applies
• No: DRR does not apply.

No: DRR does not apply.

Question 16

Define doctrine of revival

Answer 16

Under the doctrine of revival, a previously revoked will may be revived if it is evident from the circumstances or from the testator’s declarations that the testator intended for the previous will to take effect as executed.