Revoking Wills

Question 1

What are methods of revoking a will?

Answer 1

1. physical act
2. execution of a subsequent will
3. divorce

Question 2

What is required for a revocation of a will by physical act?

Answer 2

Burning, tearing, canceling, obliterating or destroying the entire will or any part of the will

Question 3

Does a physical act revoking a will need to touch any of the words on the will to be effective?

Answer 3

No, the physical act doesn’t need to touch any of the words on the will to be effective

Question 4

What is required for physical act to revoke a will?

Answer 4

The physical act must be done with intent to revoke a will

Question 5

When will a newly executed will revoke a former will?

Answer 5

1. if the subsequent will has an express clause of revocation
2. if the subsequent will revokes by implication

Question 6

How may a subsequent will revoke a former will by implication?

Answer 6

Subsequent will will revoke if the testator intended the new will to replace rather than supplement the original will

Question 7

How can it be determined whether a subsequent will is intended to revoke an earlier one?

Answer 7

Does the second will dispose of all or substantially all oft he property disposed in the first will?

Question 8

What is the effect of a subsequent will that only disposes of some of the testator’s estate?

Answer 8

If a subsequent will doesn’t fully dispose of the testator’s estate, it will revoke the prior will only up to the inconsistency

Question 9

What is the rule regarding lost wills?

Answer 9

If the will was in the testator’s possession prior to death and cannot be found after death then the presumption is that the testator destroyed the will with intent to revoke