Revocation Flashcards
Types of Revocation
1) Physical Act
2) By Subsequent instrument
3) Operation of Law
Revocation By Physical Act
1) Intent
2) Physical Act
- Burning, tearing, …
- Need to be through writing.
Revocation By Operation of Law
1) Pretermitted Child takes Unless:
a) intent to disinherit will
b) provided for outside will
c) leaves prop for surviving parent of child.
2) living child believed to be dead takes intestate share
3) Omitted spouse takes statutory unless:
a) intent to disinherit in will
b) provided for outside will
4) dissolution of marriage.
Third Party Revocation
1) at testators directions
2) in testators presence
Holographic Codicil
- A codicil modifies s previously executed will. Any handwritten alteration on the face of the will made after the will is signed and attested is ineffective to change the willl unless alterations qualifies as a holographic codicil, which requires
1) testamentary intent and
2) a separate signature.
- A codicil modifies s previously executed will. Any handwritten alteration on the face of the will made after the will is signed and attested is ineffective to change the willl unless alterations qualifies as a holographic codicil, which requires
Dependent Relative Revocation
Court
Is a revocation which is based on induced by, promimsed on mistek of law or fact if the court satisfied that, by for the mistek, T never would have made the revocation.
1) Disregard a revocation
2) Because it was based on a mistkae
3) provided the court think T would not have revoked the bequest by for the mistake.
Revocation
Subsequent Will
- Assuming the will is void, it might have been revoked.
- Revocation of a will can occur by subsequent instrument, if the 2nd will does not express it revokes a prior will, the two will can be read together.
- the prior will is revoked to the extent it ti incossisent with subsequent instrument.
Lost Will
Nevada
Propents have the burden of proving the contents of the lost will through testimony of TWO CREDIBLE WITNESSES.
*In addition, it must show either that the will was STILL IN “LEGAL EXISTENCE” when T died or had been fraudulently destroyed.
Revocation of Codicil
A revocation of the codicil only revokes the codicil, not the prior will.
Revocation by Physical Act
Partial Revocation
Extrinsic evidence is admissible to make that determination if partial or full
- Courts are reluctant to give effect to non testamentary actions that operate to increase the size of a general or specific bequest, but the T can always increase the size of the residuary gift by cancels a genreal or specific gift.
Dependent Relative Revocation Does not apply:
If the revocation was independent of the mistake, DDR will not apply and the revocation will remain efective.
Incorporation By reference
Independent Significance
A will may be disposed of properly by reference to act and events that have significant apart from their effect on the disposition made in the will.
- Even though the identification of a beneficiary or the amount of bequest will be determined by some future unascertainable
= nonetheless, valid if the act has some lifetime significance other than providing for testamentary gift.
Revocation by Written Instrument
A will or any part thereof may be revoked or altered by a subsequent written will, Codicil, or other writing declaring such revocation.
- as long as present intent to revoke, and meet formalities of a will.