Revocation and Revival

Question 1

Revocation

Answer 1

A will or codicil may be revoked in whole, or in part, any time prior to death of the testator by a subsequent writing, physical destruction, or by operation of law.

Question 2

Revocation

Subsequent Instrument

Answer 2

A testator can revoke a will or codicil by executing a later valid will or codicil that partly or completely revokes the prior will or codicil.

Oral revocations are not valid.

Question 3

Subsequent Instrument

Inconsistencies

Answer 3

the later document controls and revokes the prior inconsistencies

Question 4

Physical Destruction

Answer 4

Majority rule: Effective canceling of a will requires defacement of the language of the will

UPC: The destructive act must merely affect some part of the will

Question 5

Revocation by Operation of Law - Divorce

Answer 5

divorce revokes all will provisions in favor of the former spouse, unless it can be shown that the testator intended for the will to survive

Question 6

Alteration

Answer 6

• A testator cannot increase a gift to a beneficiary by canceling words in his will.
• A testator may be able to decrease the gift as long as the alteration is made to the existing language of the will rather than through the addition of new language.

Question 7

Revival

Republication

Answer 7

• Later instrument revoked by new will: previously revoked will is only revived if the terms of the new will show that the testator intended the previous will to take effect
• Later instrument revoked by physical act: extrinsic evidence of testator’s intent to revive the original will is admissible

Question 8

Revival

Dependent Relative Revocation

Answer 8

• Allows a court to revive a revoked will when the testator revoked the will by subsequent instrument or physical act under a mistaken belief of law or fact
• It must be shown that the testator would not have revoked the original will but for the mistaken belief