Testate Succession (Revoke)

Question 1

3 ways to revoke a will

all accepted in GA

Answer 1

1. later will
2. physical act
3. operation of law

Question 2

1. Later will

Answer 2

1. Same formalities as a wil;
2. Express - explicit language
3. Implied - inconsistent, may not completely revoke a will

Question 3

2. Physical act

Answer 3

Burn, tear, obliterate, or destruction.

In GA all or nothing

Question 4

Operation of law

Answer 4

1. Changed circumstances (marriage, birth, adoption)
2. after-born children (intestate share)
3. divorce (treat as predeceasing)

Question 5

Lost Will

Answer 5

Create a presumption to revoke but may be rebutted

Question 6

Revive a will

Answer 6

Only if it appears in the terms of a later will

Question 7

Republication

Answer 7

A revoked will may be published by a writing that is signed by the T and two w’s in the same manner that a will is subscribed and attested.

Question 8

Plain Meaning Rule

Answer 8

if a will is not ambiguous, extrinsic ev to explain or contradict its terms is inadmiss, even if the will contains legal language that was not likely to have been understood by the T or that was contrary to the T’s intent expressed orally.

Question 9

Patent ambiguities

Answer 9

On the face of the will. Ga allows extrinsic ev for but most states don’t.

Question 10

Latent Ambiguities

Answer 10

can only be interpreted by extrinsic evidence.