Revocation and Revival

Question 1

How do you get rid of a will?

Answer 1

(1) Dependent relative revocation - a first will is not revoked if a later will is found invalid. If a testator revokes a will or bequest based on a mistaken assumption of law or fact, the revocation of the will is ineffective if it appears that the testator would not have revoked the bequest had he had accurate information.

(2) Revocation

Question 2

How is a will revoked?

Answer 2

(a) Revocation by physical act: executing a new will or some other physical act with intent to revoke

(b) Revocation due to changed circumstances: divorce, desertion of one’s spouse

(c) Partial revocation: partial revocation can occur when there is a valid subsequent instrument that revokes
only certain bequests and not the whole will.

Question 3

Revival

Answer 3

The question is: Is will #1 in
effect or is the testator considered to have died intestate?

(a) Common law approach: revocation of a second will revives the first will.
(b) Majority rule: revocation of a second will does not revive the first will. (One must reexecute the first will.)
(c) UPC and some states: revocation of the second will does not revive the earlier will unless it is evident that the testator intended the previous will to take effect as executed.