REVOCATION

Question 1

What are the 3 ways to revoke

Answer 1

(1) by law
(2) by writing
(3) physical act

Question 2

How can you revoke in writing?

Answer 2

(1) by subsequent and inconsistent will or codicil, even if it doesn’t expressly revoking all previous wills
* BUT - revocation only extends so far as inconsistency
OR
(2) with words declaring the revocation of the previous will in a subsequent will, codicil or other writing that has been executed with the same formalities as will

Question 3

Revocation by act

Answer 3

• burning, tearing it up, canceling, defacing, destroying with intent
  
  • writing VOID on will or scratching out are acts
• NO PARTIAL revocation when done by act
• electronic wills - deleting canceling, rendering unreadable
• intent of revocation proved by clear and convincing evidence

Question 4

Revocation by Law

Answer 4

(1) pretermitted spouse or kid will revoke the will
* but they will inherit intestate share regardless of prior will

(2) any provision of will includes a spouse and later divorced -
* that provision becomes void
* that also applies to insurance, annuities, IRAs, etc
* former spouse treated as predeceasing testator
* legal separation DOES NOT REVOKE will

Question 5

What happens if will 1 is revoked by will 2 and then will 2 is revoked with no subsequent will?

Answer 5

(1) if revoked in full by will 2, will 1 remains dead
* does not matter if will 1 was still in physical existence at the death or when will 2 was made

Question 6

How to revive Will after previous revocation?

Answer 6

Must be executed with all formalities again
(Republishing)

Question 7

Republication by Codicil

Answer 7

If there is a validly executed codicil referring to a previous will – the previous will is presumed to be republished as modified by the codicil.

Question 8

Revocation of Codicil

Answer 8

• revocation of will revokes all codicils to that will
• revocation of codicil only revokes codicil