Revocation Of A Will

Question 1

When will a will be revoked by physical act?

Answer 1

1. Testator intended to revoke the will AND

2. Will is burned, torn, destroyed, or cancelled by testator (or someone who at his discretion and in his presence)

Question 2

When will words of cancellation be valid?

Answer 2

Common law: only if come in physical contact with words of the will (written over)
UPC: valid even if they do not come in physical contact with words of will

Question 3

What is the dependent relative revocation doctrine?

Answer 3

Cancels a previous revocation that was made under a mistaken believe of law or fact by the testator. Applies when testator would not have revoked his original will but for mistaken belief that another will he prepared would be valid.

Question 4

What do courts consider when determining whether to apply the dependent relative doctrine?

Answer 4

The testator’s intent by comparing the distributions with and without applying DRRD, and decide which is closer to testator’s intent