Revocation and Revival of a Will

Question 1

To revoke a will, a Testator must proceed in a way that will _______.

Answer 1

Undo all the presumptions created by careful execution.

Question 2

4 ways a will may be revoked

Answer 2

1. Physical Act + revocatory intent
2. By Writing (expressed or implied)
3. By law
4. By presumption

Question 3

MCL 700.2506

Revocation by Physical Act

Answer 3

2 requirements -

(1) statutorily prescribed physical act AND
(2) recovcatory intent

Statutorily prescribed physical acts:
-burning
-tearing
-canceling
-obliterating
-destroying
AND there has to be testamentary intent!

Question 4

Revocation by writing (Expressed)

Answer 4

Express revocation by a subsequent writing occurs when the testator validly executes a new will that contains explicit language revoking prior wills