Will Revocation

Question 1

What are the 3 ways to revoke a will?

Answer 1

1. Subsequent instrument
2. Physical act
3. operation of law

Question 2

What is Subsequent Instrument?

Answer 2

1. Express revocation > a later writing expressly revokes a prior will. (NO oral)
2. Implied revocation > later writing is inconsistent with prior writing, LATER controls.

Question 3

What is a physical act?

Answer 3

e.g. lighting will on fire

Rule: Testator may revoke a will in part or in its entirety by physically destroying (e.g. burning, tearing) or by crossing items out if he intended for the act to be a revocation.

Question 4

What happens is a will is lost?

Answer 4

– If lost, creates a rebuttable presumption that the testator revoked the will by physical act.
– Burden is on the proponent to show will’s existence by clear + convincing evidence.
– Duplicate originals may be admitted, copies CANNOT be admitted!

Question 5

What is operation of law?

Answer 5

Rule: Divorce will revoke all provisions in favor of former spouse

Question 6

Operation of revoking a codicil?

Answer 6

Rule: revocation of a will revokes all codicils but revocation of a codicil does not revoke the will.

Question 7

How to revive a revoked will?

Answer 7

Rule: Testator needs to re-execute his will, if not, he will die intestate.

UPC (majority) = revocation of 2nd will DOES NOT automatically revive the 1st will.

Question 8

What is Dependent Relative Revocation? DRR

Answer 8

Under this doctrine, a first will isn’t revoked if a later will is found invalid. Essentially, if a testator revokes a will or bequest based on a mistaken assumption of law or fact, the revocation of the will is ineffective if it appears that the testator wouldn’t have revoked the bequest had the testator had accurate information.

The testator’s last effective will, prior to the set-aside revocation, will once again control his estate.