Will Revocation

Question 1

Revocation

Answer 1

A will can be revoked at any time prior to death. It can be revoked by operation of law, by subsequent instrument, or by physical act. Revocation of a will revokes all codicils; revocation of a codicil does not revoke the will.

Question 2

Revocation by Divorce

Answer 2

Majority: Divorce revokes all gifts/appointments in favor of the spouse

UPC: Extends to relatives of the spouse.

Question 3

Revocation by Written Instrument

Answer 3

Expressly or by inconsistency (full or partial).

Question 4

Revocation by Physical Act

Answer 4

A will can be revoked by burning/tearing/destroying it with the intent to revoke. Partial revocation is recognized if there is enough evidence that the testator made the changes and intended partial revocation.

If a will was last seen in testator’s possession and is found in a mutilated condition, there is a presumption of revocation.

Question 5

Revival

Answer 5

UPC: If a will that revoked a previous will is then revoked, the previous will remains revoked unless it is evident that the testator intended to revive the old will. If a will was only partially revoked, the revoked provisions are revived unless it is evident the testator did not intend to revive those provisions.

Other states: automatic revival

Other states: no revival

Question 6

Dependent Relative Revocation

Answer 6

If the testator revokes his will under the mistaken belief that another disposition would be effective, and but for this mistaken belief he would not have revoked it, a court may apply DRR to prevent revocation of the first will.