Revoking and Reviving the Will Flashcards
(22 cards)
What are the methods of revocation under the UPC?
- Physical act
- Later valid will
- Divorce
What constitutes a ‘revocatory act’ on a will?
- Burning
- Tearing
- Canceling
- Obliterating
- Destroying
The revocatory act must be on ORIGINAL, not COPY.
True or False: A physical act must be done with the intent to revoke a will.
True
Can a testator direct another to perform a revocatory act?
Yes, if done in the testator’s conscious presence.
What is insufficient for revocation by cancellation?
Words written on a different, distinct document
What happens if a testator crosses out part of a bequest?
It can be a valid partial revocation by physical act.
What is a codicil?
A valid later will that revokes an earlier one in whole or in part.
What presumption exists regarding a later will?
It is presumed to replace rather than supplement a previous will if it makes a complete disposition.
What occurs if a will is revoked by divorce?
All provisions in favor of the ex-spouse become ineffective.
Who bears the burden of proof to establish revocation?
The party seeking to revoke.
What is the general rule regarding the revival of revoked wills?
Once a will is validly revoked, it cannot be brought back to life.
What exceptions allow for the revival of a revoked will?
- Restated
- Re-executed
- Republished
- Clear evidence of intent to revive
What is republication in the context of wills?
Reviving a will through a codicil or re-executing the original will.
What happens to a will that is lost and cannot be found?
It is presumed to have been destroyed with intent to revoke.
What is the effect of revocation of an executed copy of a will?
It is a perfectly effective revocation.
What is the status of unexecuted copies of a will?
They have no legal effect.
Fill in the blank: A will that can be traced to the testator’s possession at death but is found mutilated is presumed to have been ______.
destroyed or mutilated by testator
True or False: The revocation of one executed copy of a will does not affect other copies.
False
What effect does a physical act of defacement have on a will?
It may demonstrate intent to revoke the will.
What is the doctrine of dependent relative revocation?
Undoing a revocation based on a mistake of fact or law.
What is the likely outcome of a failed attempt to change a bequest in a will?
The original bequest is revived under DRR.
What is presumed if a will is not in the testator’s possession at death?
The presumption of destruction is not raised.
