3) Revocation + Revival

Question 1

revocation: def

Answer 1

testator does something to invalidate a will

revocation must not be result of fraud, undue influence, or mistake

Question 2

revocation: ways

Answer 2

1) subsequent testamentary instrument
2) physical act
3) marriage dissolution

Question 3

revocation: subsequent will: kinds

Answer 3

1) expressly revokes

2) impliedly revokes

Question 4

revocation: subsequent will: expressly revokes: def

Answer 4

states that revokes.

*new will must meet validity requirements

Question 5

revocation: subsequent will: impliedly revokes: def

Answer 5

not specifically revoking the previous will, but makes a new dispositive scheme or distributes 100% of the estate (ex. through a residuary clause)

Question 6

revocation: codicil?

Answer 6

MODIFIES, not replaces, unless:

• -express langauge of revocation
• -inconsistencies (reconcile as much as possible)

Question 7

subsequent will: date requried?

Answer 7

no, but if multiple, inconsistent wills, none can be probated if can’t prove which is later

Question 8

revocation by physical act: ways

Answer 8

1) burning
2) tearing
3) cancelling
4) obliterating or
5) destryoign the will

WITH THE INTENT AND PURPOSE OF REVOKING

Question 9

revocation: by physical act: who

Answer 9

tetator must do it himself or, another person in his presence + by his direction (need 2 wits for that)

Question 10

revocation by physical act: cancelling: def

Answer 10

must deface words or signature +

intent to revoke +

must touch material provisions – can’t just write “void” inthe margin

Question 11

revocation by physical act: partial revocation: def

Answer 11

made by crossing out or drawing lines through particular clauses in will

result: interpretation – what was testator’s intent?

Question 12

revocation: copies

Answer 12

unexecuted copies – no legal effect

if multiple executed originals, revoking 1 is presumed to revoke all (but can rebut presumption if testator knew of another copy)

Question 13

codicils: effect of physical revocation

Answer 13

usu physically revoking will also revokes the codicil

exception: if testator intended for codicil to stand on its own, then will NOT revoke the codicil

Question 14

lost wills

Answer 14

presumption that testator destroyed the will by physical act

rebuttable by presumption of extrinsic evidence

Question 15

revocation: marital dissolution

Answer 15

under probate code, implied revocation of any disposition or apopintment of property made to testator’s FORMER spouse, if the marriage is subsequently dissolved or annulled

treat like they predeceased

Question 16

revival: rule/ways

Answer 16

revoked will cannot be revived, unless

1) reexecution of will (w proper formalities) or
2) republication: execution of another will or codicil that incorporates the revoked will by reference

Question 17

multiple revocations

Answer 17

if 2nd will that revoked an earlier will is itself revoked, then 1st will remains revoked

UNLESS evidence from circs of testator’s declarations that intended the first one to be revived

Question 18

revival / codicil

Answer 18

validly executed codicil can revive a previously revoked will

Question 19

revival after remarriage

Answer 19

if revoked by dissolution / annulment but you remarry the former spouse, will revive those provisions

Question 20

dependant relative revocation: scenario

Answer 20

partial revocation then writes somethign else on it. would they have intended partial revocation to count if they knew that what they wrote in wouldn’t count?

Question 21

dependent relative revocation: rule

Answer 21

testator evokes old will with intent to replace with new. But new is invalid or not executed. wills must be sufficiently consistent.

Result: the revoked will is revived, bc testator did not intend for revocation to occur unless new will could take effect