Revocation of Wills

Question 1

Revocation

Answer 1

anytime prior to death; by operation of law, subsequent instrument, or physical act

Question 2

Revocation by operation of law

Answer 2

Marriage following execution: no effect however, new spouse takes intestate share unless 1) will makes a provision for new spouse; 2) omission was intentional; 3) the will was made in contemplation of marriage

Question 3

Divorce

Answer 3

revokes all gifts= read as if ex predeceased testator

UPC- extends this to ex’s relatives

Question 4

Unmentioned children

Answer 4

Children born or adopted after execution- intestate share

Question 5

Revocation by written instrument

Answer 5

if not expressly revoking will- read together and the later instrument revoking inconsistent provisions

Question 6

Revocation by physical act

Answer 6

burning, tearing, canceling, obliterating a portion

Intent must be concurrent with act

Accident- no revocation

Extrinsic evidence is admissible for partial
If can’t be found or is mutilated- presumption that it has been revoked- extrinsic evidence is admissible

Lost - (if overcame the presumption of revocation) it will be admitted to probate if it can be proven that: validly executed; the cause of non production; and the contents of the will

Proof done by at least two witnesses or copy

Question 7

Dependent Relative Revocation (DRR)

Answer 7

applies when testator revokes his will under the mistake belief that another disposition of property would be effective

Will will be enforced unless DRR comes closer to what the testator tried to do