Revocation, changes

Question 1

Will Revocation

A testator can revoke a will by

Answer 1

a “revocatory act” upon the will or by a “subsquent writing” that revokes the prior will, either expressly or by implication

Question 2

No will or codicil shall be revoked unless:

what 3 points

Answer 2

1. by a subsequent will or codicil OR
2. writing declaring an intention to revoke and execute in manner which a will is required OR
3. Testator or other in presence and by direction destroying will/codicil or signature thereto with the intent to revoke

Question 3

If you revoke a will by writing on the will the writing needs to be…

Answer 3

on the wills words/writing

Question 4

UPC revocation by

A will or any part thereof is revoked by: what 3 things

Answer 4

1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistancy OR
2. By performing a revocationary act with the intention and for the purpose of revoking the will
3. Or if another individual performed the act in the testators concious presence by the testators direction

Question 5

UPC “revocatory act on the will” includes:

Answer 5

1. burning
2. tearing
3. canceling
4. obliterationg
5. destroying
   the will or any part of it

Question 6

UPC revocation

A burning, tearing, canaceling is a revacatory act on the will whether or not the burn, tear, or cancellation…

Answer 6

touched any of the words on the will

Question 7

Revocaton of a will requires

Answer 7

1. intent AND
2. revocatory act

Question 8

UPC 2-507 Revocation by writing or by act

If a subsequent will does not expressly revoke a previous will…

Answer 8

the execution of the subsequent willl wholy revokes the previous will by inconsistancy

Question 9

revocation by writing or act

The testaor is presumed to have intended a subsequent will to replace rather than supplement a previous will if…

Answer 9

the subsequent will makes a complete disposiion of hte tesators estate.

Question 10

UPC 2-507 Revocation by writing or by act

The testaor is presumed to have intended a subsequent will to replace rather than supplement a previous will if… this presumpption arises, it can be rebutted by

Answer 10

clear and convincing evidence

Question 11

UPC 2-507 Revocation by writing or by act

The testaor is presumed to have intended a subsequent will to replace rather than supplement a previous will if… this presumpption arises and is not rebutted by clear and convincing evidence…

Answer 11

the prevous will is revoked, only the subsequent will is operative on the tesators death.

Question 12

UPC 2-507 Revocation by writing or by act

The testator is presumed to have intended a subsequent will to supplement raher than replace a previous will if…

Answer 12

the subsequent will does not make a complete disposition of the testators estate.

Question 13

UPC 2-507 Revocation by writing or by act

The testator is presumed to have intended a subsequent will to supplement raher than replace a previous will if… if this presumption arises is not rebutted…

Answer 13

the subsequent will revokes the previous will only o the extent the subsequent will is inconsistant with the previous will; each will is fully operative on teh testator’s death to the extent they are not incosistant

Question 14

UPC 2-507 Revocation by writing or by act

If a later document, will or codicil, is silent about how it affects an earlier document

Answer 14

UPC 2-507(b) instructs us to look at eh testators intent.

Question 15

UPC 2-507 Revocation by writing or by act

If a later document, will or codicil, is silent about how it affects an earlier document, UPC 2-507(b) instructs us to look at eh testators intent. It presumes…

Answer 15

an intention to replace the earlier will if the later document “makes a complete disposition, AKA contains a residuary clause

Question 16

UPC 2-507 Revocation by writing or by act

If the later document simply changes a bequest or adds a devise or changes the executor, the later is presumed to

Answer 16

be a supplement and not a revocation

Question 17

UPC 2-507 Revocation by writing or by act

how presumption can be rebutted

Answer 17

by clear and convincing evidence that the testator intended a deifferent result.

Question 18

UPC 2-507 Revocation by writing or by act

The presumption the UPC makes for when a revoked wills is revived, depends on:

Answer 18

1. method of revocation: act or writing
2. what is being revoked: the whole or part

Question 19

A document that “wholly” revoked a will:

Answer 19

A will

Question 20

A document that “partly revoked: a previous will:

Answer 20

Codicil

Question 21

UPC 2-509 Revival of a Revoked WIll

If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under 507, the previous will…

Answer 21

remains revoked unless it is revived

Question 22

If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under 507, the previous will remain revoked unless revived. The previous will is revived if

Answer 22

it is evident from the circumstances of the revocaton of the subsequent will or from the testatorys conemporary or subsequent declarations that the testator intended the previous will to take effect as executed

Question 23

If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under 507
What happens to the revoked part of the previous will

Answer 23

it is revived

Question 24

If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under 507, a revoked part of the previous will is revived unless

Answer 24

it is evident from the circumstances of the subsequent will or form the testator’s circumstances of the revocation of subsequent will or from the testators contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as created

Question 25

If a subsequent will that revoked a previous will in part or whole is thereafter revoked by another, later will, the previous will…

Answer 25

remains revoked in whole or in part, unless it or its revoked part is revived

Question 26

If a subsequent will that revoked a previous will in part or whole is thereafter revoked by another, later will… the previous will or its revoked part is revived to the extent

Answer 26

that it appears from the terms of the later will that the testator intended the previous will to take effect.

Question 27

5 steps for

how to approach a problem that has multiple wills

Answer 27

1. Identify all potential testamentary documents
2. order the docs by date
3. classify doces as wills or codicils
4. order them rom older to newest, evaluate the validity of each document
5. Resolve any inconsistancies or conflicts, recognizing, the principles of revocation, and the concept of revival

Question 28

Common law doctrine of dependant relative revocation (law of second best) applies when

Answer 28

Applies when a testator executes a new will revoking a formerly valid will, but the new will turns out to be invalid for some reason

Question 29

Common law doctrine of dependant relative revocation (law of second best) allows

Answer 29

allows courts to re-establish the older, valid but revoked will, reasoning that the revocation of the older will “depended” on the new will being valid

Question 30

Doctrine of revival applies when

Answer 30

a testator has revoked a later will that itself revoked an earlier will

Question 31

Dependant Relative Revocation applies when

Answer 31

a will revoking a prior will is itself invalid