Revocation of Wills Flashcards
Three methods of revocation
(1) Operation of law
(2) Subsequent instrument
(3) Phyiscal act
Revocation by Operation of law
(1) Marriage following execution of the will: has no effect on earlier will; UPC new spouse takes intestate share as “ommitted spouse”
(2) Divorce or annulment: revokes all provisions in favor of former spouse
(3) Pretermitted children: child takes intestate share
Revocation by Written Instrument
All or part may be revoked or altered by subsequent instrument executed with same formalities as the will
If written instrument does not expressly revoke earlier will?
The two are read together
The later instrument will revoke ONLY inconsistent provisions
Revocation by Physical Act
Burning, tearing, canceling, or obliterating
Intent must be concurrent with the act
Extrinsic evidnece for revocation by physical act?
admissible to show whether T intended partial or full revocation if only part of the will was destroyed
Lost or Destroyed Wills
May be admitted to probate if following can be proven:
(1) Valid execution
(2) The cause of nonproduction (i.e. proof that the will was not revoked); and
(3) The contents of the will
Revival of Revoked Wills
UPC: if a will that wholly revoked a previous will is thereafter revoked, the previous wll remains revoked unless it is evidence from circusmtances that T intended to revive
If only partly revoked: revoked provisions are revived unless it is evident that T did not intend to revive the provisions
Dependent Relative Revocation (DRR)
T revokes his will under mistaken belief that another disposition of property would be effective, and but for mistaken belief, he would not have revoked
If other disposition fails, revocation also fails and will remains in force
UPC Harmless Error for revocation or alteration
Attempted revocation or alteration of the will
proponent must establish by clear and convincing evidence that the decedent intended the document to be a partial or complete revocation or alteration
