Revocation by Physical Act

Question 1

What is needed to revoke by physical act?

Answer 1

Sufficient act

With intent to revoke simultaneous with the act

Performed by testator or a proxy

Question 2

What are the physical acts sufficient for revocation in part or in whole of a will?

Answer 2

Burning

Tearing

Cancelling

Cutting

Obliterating

Destroying

Question 3

What if will is burnt, torn, canceled, cut, obliterated, or destroyed by accident?

Answer 3

Still valid. There was no intent.

Question 4

Can a will be revoked by proxy?

Answer 4

Yes at T’s direction and in their presence

Question 5

Is a will that cannot be found after T’s death revoked?

Answer 5

Yes, it is presumed to be revoked.

Question 6

What if a will is found after T’s death but it is mutilated?

Answer 6

Presumed to be mutilated by T with intent to revoke unless rebutted by clear and convincing evidence

Question 7

Does the revocation of a codicil revoke a will?

Answer 7

No, idiot.

Question 8

If there are multiple copies of a will and T revokes one, is the other revoked?

Answer 8

Yes.

Question 9

Can a revoked will be revived?

Answer 9

No, it must be reexecuted with all testamentary formalities.