Revocation of wills Flashcards
When may a will be revoked?
A will may be revoked at any time before the testator’s death.
What happens to a will if a testator marries after executing it?
The will is automatically revoked unless it appears that the testator was expecting to marry a particular person and intended that all or part of the will remain effective.
What is the effect of a divorce on a will?
The former spouse is treated as having died on the date of the divorce. Gifts to the former spouse are revoked, but the remainder of the will remains valid.
How can a will be revoked by destruction?
Destruction (e.g., burning, tearing) by the testator or someone at the testator’s direction and in their presence revokes the will. The testator must intend to revoke it.
What happens if a will is found mutilated after the testator’s death?
It is presumed to have been mutilated by the testator with the intention to revoke, unless there is evidence to the contrary.
What is the doctrine of dependent relative revocation?
A destroyed will might still be given effect if it’s proven that its destruction was contingent on a future event that did not occur (e.g., the testator intended to make a new will but didn’t).
How does a new will affect an earlier will?
A new will revokes an earlier will to the extent that it is inconsistent with the earlier will.
What happens with mutual wills if one testator dies?
The surviving testator can technically revoke their will, but a constructive trust will be placed upon the estate to transfer the estate to beneficiaries harmed by the change.
