revocation of wills Flashcards
is the mere intent to revoke a will enough
NO
how to revoke a will
1) later testamentary instrument (executed with proper formalities, ) or
2) PHYSICAL ACT (burning, destroying, tearing, obliterating
how does one cancel will by writings in IL
words must crossed out words on the document
- need actually cross out words
what if a T crosses out their signature line on will
a deceive act of revocation, anything to do to signature is intent to revoke
can a T destroy their will by destorying a copy of a will
NO
- physical act must be on the will, not a copy
when will a physical act by someone else than T be a revocation of will
1) at T’s direction AND
2) in T’s PRESENCE
can T tell someone over the phone to destroy their will
NO, needs to be in T’s presence
how to probate a destoryed will
by satisfying the PROOF OF LOST WILLS STATUTE
what is required for the lost wills statute
1) PROOF OF DUE EXECUTION (testimony of attesting W)
2) CAUSE OF WILLS NONPRODUCTION: must be proved
3) CONTENTS MUST BE SUBSTANTIALLY PROVED: by copy of will or by testimony of W who have read or heard it
what is the presumption if the will was last seen in T’s possession or control and cannot be found after death
presumption T revoked by physical act
what is the presumption where a will was last seen in T’s possession or control and is found mutilated after T’s death
presumption T revoked by physical act
will the presumption of revoked will at T’s death apply if it is last seen in possession of someone adversely affected by its contents
NO
what if 2 wills, which do not cancel each other out
read the 2 instruments together.
- If the second will is WHOLLY inconsistent with earlier will, then first will is revoked
dependent relative revocation
It makes a revocation of a former will ineffective if the testator made the revocation through execution of a new will which was premised on a mistake of law or fact to the validity of the new will.
what is the effect of changes on the face of a will AFTER it has been executed in IL
no effect at all. Need to make codicils like normal will
1) sound mind
2) signed by T
3) 2 attesting W’s sign in T’s presence
