Wills - Revocation and Codicils Flashcards
What is the effect of a new will?
Revocation of any prior wills
When will a new document presumed to be a will rather than a codicil?
If the new document contains a residuary clause
What is a codicil?
A document a testator uses to modify a preexisting will
Does executing a codicil republish a prior will?
Yes
What are the execution requirements for a codicil?
Same as wills
When may testators revoke their wills?
Whenever they wish
How may a testator revoke his will?
(1) Subsequent will
(2) Physical act
(3) Partial revocation by codicil
(4) Changed circumstances
How may a testator revoke by physical act?
Physically canceling or destroying it with the intent to revoke it
May a third party perform a physical act revocation?
Yes, so long as it is at the testator’s direction and in the testator’s presence
May a testator partially revoke a will through physical act?
Yes, a testator may cancel specific bequests through physical acts like crossing out
If a will was last known to be out of the testator’s possession, or its whereabouts are unknown, how will a court treat the will?
It will be treated as though it was not revoked and will be effectuated
If a will was last known to be in the testator’s possession but has since disappeared, how will a court treat it?
The court will treat it as being revoked by physical act
What is the effect of contradictory provisions in a codicil?
The codicil’s provisions will revoke any contradictor provisions in the original will
What three changes of circumstance provide a presumption that the will needs to be changed?
(1) Marriage
(2) Birth of a child
(3) Divorce
What is revival?
Bringing a revoked will back from the dead
