revoking and reviving

Question 1

revocation

Answer 1

can be any time before death

Question 2

how to?

Answer 2

physical with intent to destroy

courts want something that touches the words of the will

Question 3

can revoke by new writing

Answer 3

can be a will or codicil; need four requirements

Question 4

expressly revokes previous will

Answer 4

then previous will revoked

Question 5

impliedly revokes previous will

Answer 5

i.e. inconsistent terms

Question 6

dependent relative revocation

Answer 6

cancels revocation because it was in contemplation of second will

Question 7

revocation through divorce

Answer 7

gone; wont take anything under will

Question 8

first will expressly revoked ny second will

Answer 8

no revival

Question 9

first will implictly revoked by second will

Answer 9

revocation does revive first will

Question 10

you can revive first will by

Answer 10

re-executing the first will or by executing a codicil

Question 11

if revoked by divorce and remarry

Answer 11

before testator executes a new will

Question 12

if decedent had a wil, nit cannot be found, there is

Answer 12

a rebuttable presumption that the decedent destroyed the will with the intent to revoke it

Question 13

duplicate original

Answer 13

can be admitted into probate court

Question 14

photocopy

Answer 14

will not be admitted, but can be used as evidence of testator’s intent

Question 15

when will cannot be found

Answer 15

burden of proof is on the person arguing in favor of the will to prove it existed

Question 16

attorney copy

Answer 16

valid