Revocation Flashcards
1
Q
Revocation by physical act
A
- must be dont with the intent to revoke the will.
- the testator or someone acting at the testator’s discretion and in his “conscious presence” may revoke the will
2
Q
Dependent Relative Revocation
A
- A first will is not revoked if a later willi is found invalid.
- Essentially, if a testator revokes a will or bequest based on a mistaken assumption of law or fact, the revocation of the will is ineffective if it appears that the testator would not have revoked the bequest had the testator had accurate information.
3
Q
Divorce
A
- Divorce revokes gifts in favor of a spouse.
- There must be a divorce finalized or annulment. Not just filing or separation