Revocation of Wills

Question 1

What are the two different ways that states permit the revocation of a will?

Answer 1

1. by a subsequent express writing

2. by a physical act that destroys the will

Question 2

T/F:

A will can be revoked orally

Answer 2

False. It can only be revoked by a subsequent writing or by a physical act.

Question 3

A writing can revoke a prior will by inconsistency, which is also called ____

Answer 3

implied revocation

Question 4

Under UPC 2-507c, a subsequent will that makes a complete disposition of the testator’s estate acts to revoke the prior will by ____

Answer 4

inconsistency

Question 5

If a subsequent will does not make a complete disposition of the testator’s estate, it is viewed as a ____

Answer 5

codicil

Question 6

Define codicil

Answer 6

A codicil is a testamentary instrument that supplements rather than replaces an earlier will. The later codicil supersedes the earlier will to the extent of inconsistency between them.

Question 7

What are the 2 ways a testator can evidence revival of a revoked will?

Answer 7

1. intent can be shown from the circumstances surrounding the revocation of Will 2
2. from the testators contemporaneous or subsequent oral declarations that will 1 is to take effect

Question 8

What is the minority rule for reviving revoked wills?

Answer 8

A revoked will cannot be revived unless re-executed with testamentary formalities or republished by being referred to in a later duly executed will