Revocation Flashcards
What are the 3 ways to revoke a will?
1) operation of law;
2) physical act;
3) subsequent writing.
What is a pretermitted spouse?
a spouse who is left out of a will that was made before the marriage
What is the share of a pretermitted spouse?
intestate share
When does the pretermitted spouse statute not apply?
1) if there was a pre or postnup;
2) T made gift to spouse in will in contemplation of marriage;
3) will discloses an intent not to provide for spouse.
What is the share of a pretermitted child?
intestate share
What is required to revoke by physical act?
1) intent to revoke;
2) physical act to destroy will.
Can a proxy revoke a will by physical act?
Yes, but it should be done (a) in the T’s presence and (b) @ the T’s direction
What is presumed if the T was the last known to have the will and the will cannot be found?
It is presumed that the will was revoked.
What is presumed if an heir was last known to have the will and the will cannot be found?
It is presumed that the will was not revoked.
What is presumed if the T was last known to have the will and the will is destroyed?
It is presumed that the will was revoked.
What happens when there are two original wills and one is destroyed?
Revokes the will.
What happens if there is one original will and one copy and the copy is destroyed?
Nothing - will is still effective.
What is Dependent Relative Revocation? When does it apply?
Saves a 1st will when an act of revocation was based on a mistake of law/fact & the revocation would not have occurred but for the T’s mistaken belief that the 2nd will was valid.
- only applies when T’s intent is closer to the 1st will than to intestacy.
