Will - Revocation and Revival

Question 1

Revocation by Physical Act

Answer 1

Testator can revoke will by the following with concurrent intent to revoke
* burning
* tearing (tear through material party)
* cancelling (material part OR touches part of will)
* destroying
* obliterating it

Witnesses not necessary for valid revocation by physical act. Once will revoked, estate passes intestate.

Question 2

Holographic Will/Codicil

Answer 2

CA recognizes holographic wills and codicils
* Can revoke using a holographic will or codicil as long as formalities for holographic will are followed (material provisions/signature in testator’s handwriting)

Question 3

Revival of Will

Answer 3

Where Will #2 revokes Will #1 and then testator revoked Will #2 through:
* Physical act: extrinsic evidence can be admitted to prove testator’s intent to revive prior will
* Subsequent instrument

Reelection
* Will can be revived if testator acknowledges signature/will and witnesses attest to it

Publication of Subsequent Codicil
* If will still physically exists, can be revived by publishing a subsequent codicil
* Cannot republish will that was physically destroyed