Wills - Revocation Flashcards
What does revocation mean in the context of a will?
To annul a will, partially or entirely
What are the two primary methods of revocation of a will?
- Later testamentary instrument
- Physical act
What is express revocation?
A later testamentary instrument explicitly revokes a prior one by the same testator
Define implicit revocation.
Arises if the testator executes a later, valid testamentary instrument whose dispositive provisions are inconsistent with those of a prior one
What happens if a later will entirely disposes of a testator’s estate?
It is presumed to revoke any prior will
What constitutes a revocatory act?
An action that the testator performs on the will with intent to revoke it
True or False: A revocatory act can be performed on a copy of the will.
False
List some examples of revocatory acts.
- Canceling
- Burning
- Obliterating
- Tearing
- Destroying
What is the significance of a will being last in the testator’s possession before death?
Courts presume that the testator destroyed the will, intending to revoke it
What is one condition under which a will is revoked by operation of law?
If the testator gets married after executing the will
What happens to gifts to a former spouse if a testator gets divorced after executing a will?
They are revoked and treated as though the former spouse predeceased the testator
Fill in the blank: A revoked will can be ________.
revived
How can a testator revive a revoked will?
By later testamentary instrument or executing a valid codicil indicating intent to revive
What is dependent relative revocation (DRR)?
A will remains valid despite the testator’s efforts to revoke it under certain conditions
What are the two cases where DRR applies?
- The testator attempted to revoke the will for an invalid alternative distribution scheme
- The testator attempted to revoke the will based on a false legal assumption or belief about a fact
