Revocation of Wills

Question 1

What are the two ways a will can be revoked?

Answer 1

1) Subsequent testamentary instrument, executed with appropriate formalities; or
2) Physical act, (burning, tearing, cutting, cancelling, obliterating or other act of mutilation) BUT MUST have intent to revoke. Accidental damage is no good.

Question 2

Is a will void if you write VOID at the bottom of each page?

Answer 2

No, not proper. Not witnessed by both people.

Question 3

Is a will void if you cross out signature?

Answer 3

Yes, shows intent to revoke.

Question 4

What is express revocation?

Answer 4

Stating ‘I hereby revoke all wills heretofore made by me’

Question 5

What are the requirements of physical revocation?

Answer 5

Physical act must be:
1) At the testator's request; 
2) In the testator's presence; and
3) Witnessed by at least two witnesses. 
4 people in total required, destroyer, two witnesses and testator.

Question 6

What happens when the will last seen in testator’s possession or control is not found after death?

Answer 6

Presumptions are that it was revoked by physical act.

Question 7

What happens when the will last seen in testator’s possession or control is found damaged?

Answer 7

Presumptions are that the testator was the one who revoked it by the physical act.

Question 8

What if the will was last seen by someone adversely affected by its contents?

Answer 8

No presumptions that the testator revoked by physical act apply.

Question 9

What are the two ways the testator can make changes in their will?

Answer 9

1) write a new will revoking the first.
2) Make a codicil changing parts.
Both must be duly executed.

Question 10

Can you write changes?

Answer 10

Yes you can but they have to be above signature line and also witnessed by two attesting witnesses.

Question 11

Can a testator revive a revoked will?

Answer 11

No.

Question 12

What are the two ways that a will can be revived?

Answer 12

By re-examination or doctrine of republication by codicil.

Question 13

What two situations is the lost wills statute used in?

Answer 13

1) Dependent relative revocation and 2) truly lost wills

Question 14

What must the lost will proponent prove under the lost wills statute?

Answer 14

1) the lost or later will was duly executed via the 7 point test
2) The lost or later will was not revoked, i.e. they have to overcome the presumption of revocation that arises from the will’s non-production OR prove that the revocation should be disregarded under Dependent relative revocation

Question 15

What is the dependent relative revocation?

Answer 15

Because of a mistake of law, a revocation of a later will can be disregarded the effect being that probate of the later will would be permitted.