Revocation of a Will

Question 1

What are three ways to revoke a will?

Answer 1

1. Subsequent instrument
2. Physical act
3. Operation of law

Question 2

What are ways to revoke using a subsequent instrument?

Answer 2

1. Express revocation of prior will - can’t be oral though

2. Implied revocation - new will inconsistent with old will

Question 3

What is the difference between a codicil and new will?

Answer 3

New wills usually have residuary gift whereas codicils do not

Question 4

What are ways to revoke through physical acts?

Answer 4

1. Tearing, burning, crossing out
2. Destroying specific language
3. Losing a will

Question 5

What happens when the will is lost?

Answer 5

Rebuttable presumption will was revoked, burden on proponent to show will exists by clear and convincing evidence

Question 6

When can a third party revoke a will on behalf of a testator?

Answer 6

At testator’s direction and in testator’s conscious presence

Question 7

What happens to codicils attached to revoked wills?

Answer 7

Any codicils are also revoked

Question 8

What are two ways in which revoked wills can be revived?

Answer 8

1. Republication of revoked will

2. Dependant Relative Revocation - allows old will to be revived because of mistaken revocation in an invalid later will