will revocation

Question 1

when can a testator revoke their will?

Answer 1

anytime while alive

Question 2

revocation - physical act

Answer 2

physically destroying

present intent of destroying

Question 3

can you partially revoke by physical act?

Answer 3

yes

Question 4

revocation - new writing

Answer 4

creating a new will or codicil

Question 5

revocation by divorce

Answer 5

former spouse treated as predeceased

Question 6

will revival

what if first will is expressly revoked by the 2nd one?

Answer 6

no revival

need to re-excute a will

Question 7

will revival

what about implicit revocation?

Answer 7

first will is revived if new one is revoked

Question 8

what happens if a will is lost?

Answer 8

rebuttable presumption D destroyed it with intent to destroy

Question 9

what is the burden to prove a lost will is not destroyed?

Answer 9

clear and convincing EV

Question 10

is a duplicate copy OK?

Answer 10

yes

Question 11

what about a photocopy of a will?

Answer 11

cant probate it

can admit it for EV of T intent

Question 12

what if a new will has contradictory terms to the old will?

Answer 12

new will prevails

revokes old provision

Question 13

what if new will does not cover the old will’s disposition?

Answer 13

OG will devise prevails