Revival of a will

Question 1

REVIVAL OF REVOKED WILLS

Answer 1

The fact pattern involving the revival of revoked wills looks like this:
* Testator executes valid Will 1.
* Testator executes valid Will 2 which expressly revokes Will 1.
* Testator then validly revokes Will 2.
* Is Will 1 revived?

Question 2

UPC Approach—Look at Testator’s Intent

Answer 2

Under the UPC and in many states, if a will that wholly revoked a previous will is thereafter revoked, the previous will remains revoked unless it is evident from the circumstances or the testator’s statements
that the testator intended to revive (that is, restore to effectiveness) the previous will.

Question 3

CONDITIONAL REVOCATION

Answer 3

Express Conditional Revocation
The testator may state in the revoking instrument that a revocation is effective upon the happening (or non-happening) of a named event.

Implied Conditional Revocation or Dependent
Relative Revocation
The fact pattern involving dependent relative revocation (“DRR”) looks like this:
* Testator executes valid Will 1.
* Testator validly revokes Will 1 (for example, by ripping it up).
* Testator executes Will 2, but Will 2