Revocation Flashcards
What could revoke a validly made will?
Destruction, Revocation by a later will, Revocation by later codicil, Subsequent marriage, Divorce, Effective alteration.
Elements required to revoke a will by destruction?
Burning, tearing, or otherwise destroying the will; intention to revoke it.
How far does the destruction need to go to revoke a will?
Fully and completely destroyed.
Is writing ‘revoke’ on the will sufficient?
No, not sufficient.
Effect of destruction by a testator lacking capacity?
Not effective; will remains valid.
Evidence required if testator with no capacity destroys a will ineffectively?
Affidavit evidence needed to admit a copy of the will to probate.
Can intention to revoke be conditional?
Yes, e.g., conditional on a divorce.
What is dependent relative revocation?
Revocation intended only if a substitute gift/amendment is valid.
What happens if new gift intended to replace original is invalid?
Original gift remains effective and not revoked.
What if original gift not visible after failed amendment?
Original gift can be proven by submitting evidence to probate.
Effect of destroying a copy of a will?
No effect; must destroy original will.
Effect if another person destroys the will?
Invalid unless done by testator’s direction and in their presence.
What happens if a will is only partially destroyed?
Undestroyed parts remain valid unless insufficient to operate the will.
Effect if remaining parts after partial destruction insufficient to operate?
Will is effectively revoked entirely.
What is presumed if a will is missing?
Presumed destroyed with intent to revoke unless proven otherwise.
What is presumed if a will is damaged?
Presumed destroyed with intent to revoke unless proven otherwise.
Who has the burden to rebut presumption of revocation?
Those administering the estate.
Requirements to rebut presumption of revocation?
Show valid will existed but lost/damaged, no intent to revoke, deceased did not destroy nor instructed destruction.
What is a revocation clause example?
I hereby REVOKE all former wills and testamentary dispositions and declare this to be my last will.
Considerations if having separate wills (UK & foreign assets)?
Careful drafting needed to avoid accidental revocation of each other.
Does revocation of a will by destruction revoke associated codicils?
No, codicils are not automatically revoked.
Typical use of a codicil in revocation?
Revoking specific clauses or particular gifts.
What is a mutual will?
Agreement by two testators (e.g., married couple) not to alter without consent, creating constructive trust.
What is a mirror will?
Similar terms in two separate wills without binding agreement or constructive trust.
