Revocation of Wills

Question 1

When can a testator revoke his will?

Answer 1

At any time before death

Question 2

What are three ways a will can be revoked?

Answer 2

1. Subsequent instruments;
2. Destruction; or
3. Operation of law

Question 3

How can a subsequent will or codicil revoke or modify an earlier will?

Answer 3

1. By following the same formalities required for execution of a will; and
2. Expressly or implicitly overriding previous provisions

Question 4

If a subsequent document has a residuary clause, what is it and what effect does it have?

Answer 4

It is a later will, and it revokes the prior will.

Question 5

What presumption obtains if a will cannot be found upon the testator’s death?

Answer 5

It is presumed the testator revoked the will, unless a duplicate is found

Question 6

What forms of destruction suffice to destroy a will?

Answer 6

Under Pennsylvania law, “by being burnt, torn, canceled, obliterated, or destroyed”

Question 7

Does destroying a copy of a will revoke the prior will?

Answer 7

No, under the prevailing view

Question 8

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

Answer 8

When the revocation is:

1. At the testator’s direction;
2. with two witnesses; and
3. in the testator’s presence.

Question 9

Does marriage revoke a will?

Answer 9

No, but the surviving spouse is entitled to an intestate share unless the will provides the surviving spouse a greater share of the estate OR the will was made in contemplation of marriage

Question 10

Can a holographic will be changed by holographic changes?

Answer 10

Yes, and without a new signature

Question 11

When can the presumption that a lost will is destroyed be overcome?

Answer 11

By clear and convincing evidence that:

1. the testator duly executed the original will;
2. That the contents of the will were substantially as appears on the copy of a will presented for probate; and
3. When the testator died, the will was undestroyed or unrevoked by him.

Note: an attorney’s copy of the will is sufficient to prove a will’s existence

Question 12

Does revocation of a will revoke all codicils?

Answer 12

Yes

Question 13

Does revocation of a codicil revoke a will?

Answer 13

No

Question 14

Does revocation of a codicil revive a will in Pennsylvania?

Answer 14

Not automatically; there must be written proof that the testator intended to revive the original

Question 15

Who bears the burden of showing a testator did NOT intend to revive a prior will through revocation of a subsequent will?

Answer 15

The party opposing the revival

Question 16

What is Dependent Relative Revocation?

Answer 16

A testator who revokes a will under a mistaken belief of law or fact, and who would not have revoked the will but for such belief, has not effectively revoked his will.