Revocation, Revival, and DRR

Question 1

Revocation

Answer 1

There are three methods of revocation of an instrument or a gift in the instrument: (1) by subsequent Will; (2) by physical act (cancellation, tearing, blotting out, etc.); or (3) by operation of law (divorce or termination of a domestic partnership). While a strike-out of a bequest is an effective revocation by cancellation, adding in a new bequest is not effective because it would require compliance with the execution formalities.

Question 2

Revival

Answer 2

Revival only applies to one fact situation: when Will 2 revokes Will 1, and then Will 2 is revoked—but only by physical act. Then, Will 1 is only revived if either from the circumstances of the revocation or from the testator’s contemporaneous or subsequent declarations it is evident that testator intended Will 1 to be revived by revoking Will 2.

Question 3

Dependent Relative Revocation (DRR)

Answer 3

DRR is not a revival—it cancels a revocation that was based on a mistaken assumption of law or fact. When a testator revokes part or all of a will on the mistaken belief that the new disposition, made concurrently, is valid, the court will give effect to the revoked portion if it is consistent with what the court determines was testator’s intent. DRR only applies in the case of mistake.