4. Revocation Flashcards Preview

MEE - Wills > 4. Revocation > Flashcards

Flashcards in 4. Revocation Deck (12)
Loading flashcards...

Operation of Law

What is the effect of divorce on a will?

All gifts and fiduciary appointments in favour of the former spouse are revoked


Operation of Law

How is an ex-spouse treated?

As if she predeceased T


Operation of Law

How does the UPC expand on the divorce revocation rule?

It revokes all provisions in favour of ex-spouse's relatives who are not relatives of T


Revocation by Physical Act

How is a will or codicil revoked by physical act?

Burning, tearing, canceling or destroying a material portion of the will with the concurrent intent to revoke


Revocation by Physical Act

Can the act be done by someone else?

Yes, if at T's request and in T's presence


Revocation by Physical Act

What is the presumption of revocation?

If the will was last seen in T's possession or under his control, but after his death either cannot be found or is found mutilated, there is a presumption that T revoked it


Revocation by Physical Act

When does the presumption of revocation not apply?

When the will was last seen in the possession or under the control of a third party


Revocation by Physical Act

When effect does revocation of a will have on codicils?

What effect does revocation of a codicil have on the will?

Revocation of a will revokes all codicils

Revocation of a codicil does not revoke the entire will


Revocation by Physical Act

When a will is lost/destroyed, and the presumption that T revoked it is disproven, what three things must be proven to admit the will to probate?


1. Valid execution

2. Reason for non-production

3. Contents of the will (proven by witnesses or self-proving affidavit)


Depedent Relative Revocation

When does DRR apply?

When T revokes his will under the mistaken belief that another disposition of his property would be effective


Depedent Relative Revocation

What happens under DRR?

If the other disposition fails, then so does the revocation


Depedent Relative Revocation

What must be true for DRR to apply instead of just intestate distribution?

DRR must come closer to what T wanted to do than intestate distribution?