Revocation of Wills

Question 1

Ways to Revoke a Will

Answer 1

Executing Subsequent Proper Will (See Dispensing Power) OR

Physical Act (burning, tearing, cancelling, obliterating or any other act of destruction.) A cancellation requires the words to be touched.

Question 2

Revoking a Will

Answer 2

Must be original to be effectively revoked, must be done by testator OR at his direction and in his presence.

Question 3

Proof of Lost Wills Statute

Answer 3

If will is lost or destroyed and presumption that testator revoked it is overcome, may be admitted to probate by:

proof of due execution, cause of will’s non-production, contents are substantially proven by copy or testimony

Question 4

Presumptions of Revocation

Answer 4

Last seen in testator’s possession or under his control and not found after death. OR last seen in testator’s possession and control, which is found mutilated after death.

Question 5

Execution of Later Will

Answer 5

If second will does not contain language of revocation, later will be treated as a codicil.

If second will is WHOLLY INCONSISTENT, 1st will, will be revoked by implication.

Question 6

Dependent Relative Revocation

Answer 6

Permits revocation to be disregarded when act of revocation was conditioned/dependent upon, a mistake of law or facts as to the validity of another disposition.

use proof of lost wills statute in conjunction.

Question 7

Changes On Face of Will After It Has Been Signed and Witnesses

Answer 7

Majority: Partial revocations of physical acts are valid.

Words added to will after it has been signed and witnessed are disregarded as not part of a duly executed will.

EXCEPTIONS: Dispensing Power/DRR