Revocation

Question 1

Ambulatory

Answer 1

Can be altered or revoked, fully or partially, up until testator’s death

Question 2

Ways to Revoke

Answer 2

1. Subsequent Instrument
2. Physical Act
3. Operation of Law

Question 3

Subsequent Instrument

Answer 3

• Express revocation

- Terms of validly executed later inconsistent document will control

Question 4

Physical Act

Answer 4

Requires intent; tearing, burning, crossing out
M- particular language in question must be destroyed
UPC- destructive act affects some part of will

Question 5

Lost Wills

Answer 5

Creates rebuttable presumption that testator revoked by physical act
Burden on proponent to show existence by clear and convincing evidence

Question 6

Operation of Law

Answer 6

Divorce revokes all provisions in favor of former spouse; unless evidence testator wanted them to survive

Question 7

Revoking Codicils

Answer 7

Revoking will revokes any attached codicil

Revoking codicil revives underlying will in its original form

Question 8

Revival

Answer 8

-UPC/maj- doesn’t recognize automatic revival; must re-execute

Question 9

Dependent Relative Revocation

Answer 9

Allows a court to disregard a testator’s revocation that was based on a mistake of law or fact and would not have been made but for that mistake. The testator’s last effective will, prior to the set-aside revocation, will once again control his estate.