Revocation

Question 1

What is required in order to revoke a will?

Answer 1

1) Intent to revoke

2) Physical Act

Question 2

If there are two originals signed and one is destroyed, is the will revoked?

Answer 2

Yes

Question 3

Is writing void on the margin, end, or back of the will sufficient?

Answer 3

No the will and the text on it must be obliterated or defaced in some way.

Question 4

What is the presumption of T’s will is found mutilated after death?

Answer 4

T intended to revoke the will.

Question 5

What is the presumption of T’s will if it cannot be found after T’s death?

Answer 5

T intended to revoke the will.

Question 6

Can you void a will by destroying a xerox copy?

Answer 6

No

Question 7

Can a will be destroyed by proxy?

Answer 7

Only if done at T’s direction and in T’s presence.

Question 8

What is the Lost Wills Statute?

Answer 8

Due execution must be proved by oath of one of the attesting witnesses.

Contents must be clearly and distinctly proved by testimony of 2 disinterest persons or 1 disinterested person and a copy of the signed will.

Question 9

What is a correct copy?

Answer 9

An exact photo copy of the will.

Question 10

What occurs if an attorney messes up a revocation or execution?

Answer 10

They can be charged with negligence.

Question 11

True or False: To the extent possible, a will and codicil are read together.

Answer 11

True - if there is a conflict the later document controls.

Question 12

True or False: Revocation of a will does not revoke a codicil.

Answer 12

False

Question 13

True or False: Revocation of a codicil revokes the Will.

Answer 13

False

Question 14

What is the effect of divorce?

Answer 14

Spouses lose rights in the interest and assets of the other spouse in will, trust, and other accounts unless the other spouse reaffirms their interest.

Question 15

Is a property settlement agreement honored even if the parties aren’t officially divorced?

Answer 15

Yes - parties will typically waive certain rights.

Question 16

If you divorce and re-marry, does the will come back?

Answer 16

No it remains revoke until the T spouse reaffirms it.

Question 17

If you divorce and re-marry, do rights to non-probate assets like a bank account and insurance polices come back?

Answer 17

Yes revised if remarried

Question 18

If you divorce and re-marry, do you get rights restored to revocable trust?

Answer 18

Unclear by case law.

Question 19

Can a party make a hand written edit on a will?

Answer 19

No - after the change need to re-execute the will or republish by codicil.

Without this, there will be no impact to the will as wills cannot be partially revoked by physical act.

Question 20

What is the doctrine of Dependant Relative Revocation?

Answer 20

Allows a revocation to be disregarded if based on a mistake of law or fact if court is convinced that T wouldn’t have revoked if they knew the outcome.