Revocation

Question 1

Methods to Revoke a Will

Answer 1

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

Question 2

Revocation by Subsequent Writing

Answer 2

1. Expressly = write a new will
2. Impliedly = revoke by implication (write a new will that completely revamps old will)

Question 3

Revocation by Physical Act

Answer 3

1. Physical act (burn, tear, cancel, obliterate, write “VOID”, destroy); AND
2. Requiste intent while commiting the action

• “Cancel” must be written on across each page of the will

Question 4

Partial Revocation by Physical Act

Answer 4

• Can only partially cancel a will – drawing lines through some provisions in the will
• PA allows partial revocation

Question 5

Interlineation

Answer 5

When you cross out something in the will (paritial revocation by physical act which is allowed in PA)

but then try to add something in as substitute is interlineation, and is not allowed

Question 6

Revocation by Operation of Law

Answer 6

Renders ineffective all provisions of the will in favor of or relating to spouse, unless it appears from the will that the provisions were intended to survive the divorce

Question 7

Revocation of Copy

Answer 7

Does not revoke the original(s)

Question 8

Effect on Codicil

Answer 8

Revocation of a will automatically revokes all codicils

Question 9

Lost Wills

Answer 9

• If a will was known to be in the testator’s possession prior to death,
• but after death the will cannot be found,
• there is a presumption that the testator destroyed the will by a physical act intending to revoke it.

However, that presumption is rebuttable through the introduction of extrinsic evidence

Question 10

How to Establish a Lost Will

Answer 10

1. the legal existence of the will, as required by statute
2. its loss or unintentional destruction; and
3. its contents