Revocation and Revival Flashcards
How may a will be revoked?
A will may be revoked in whole or in part by a subsequent will that revokes it expressly or by inconsistency
What is a subsequent will necessary for revocation?
A will may be revoked in whole or in part by the express terms of a later valid will or codicil or by implication from inconsistent terms in the subsequent instrument.
The revoking instrument must be executed with the formalities required for execution of wills or be revoked by a holographic will or codicil.
What kind of physical act is necessary for revocation?
Physical destruction with concurrent intent to revoke:
T may direct another to destroy the will in his presence
If only part of the will is destroyed, extrinsic evidence is admissible to show whether the T intended part / full revocation.
If there are copies, destruction with intent of either the original or copy is a valid revocation
What happens if a will is lost?
CA presumes that a will is known to be in the testator’s presence. If not found, CA presumes testator revoked it.
Dependent Relative Revocation?
DRR: didnt really revoke
Cancels a revocation that was made under the mistaken belief of law or fact by the testator. The doctrine applies when the testator would not have revoked the original will, but for the mistaken belief that a subsequent will they prepared would be valid.
How do you revive a will?
If a testator wrote two wills and revokes the second one, revocation of the second will does not revive the earlier one unless there is evidence that the testator intended the previous will to take effect as executed.
