Revocation and Renewal Flashcards
Revocation - Generally
In whole, part, any time prior to death of the testator by subsequent writing, physical destruction, or by operation of law
Express Revocation
New will or codicil expressly states that it is revoking the prior will or codicil
Implied Revocation
New will or codicil conflicts with the terms of the prior will or codicil
Later will controls in the case of inconsistencies
Physical Destruction - Majority Rule
Effectie canceling = Defacement of the language of the will
Physical Destruction - UPC
- Act must merely affect some part of the will
- Rebuttable preseumption of revocation if cannot be found at death or found mutilated
- Destruction of signed original or duplicative original revokes all copies
- Can revoke on behalf if in presence and at request of testator
Revocation by Divorce
- Most states - revokes provisions in favor of former spouse (unless intent is shown)
- Merely pending divorce does not affect the will
- Separation does not affect unless a separation agreement and property settlement)
Alterations
T cannot increase gift to B by canceling words in the will, but can decrease as long as altering language and not adding new language
Revival - Republication
If instrument that revoked prior valid will is revoked, prior will may be republished
Revival - Republication and the UPC
Outcome depends on revocation of latter instrument
* Later instrumer revoked by new will = prior will only revived if new will shows testator intends to
* Later instrument revoked by physical act = extrinsic evidence of testator’s intent to revive OG will is admissible
Dependent Relative Relation (DRR)
- Allows Court to revive will when T revoked the will bysubsequent instrument or physial act under mistaken law or fact
- Must show that mistaken belief is the “but for” cause of revocation
