Will Revival Flashcards
1
Q
Common Law Will Revival
A
Under the common law an earlier will was automatically revived if a subsequent will was revoked.
2
Q
Modern View Will Revival
A
Under the modern view most states permit revival of revoked will only when:
1) a will revoked by physical act is revived if testator shows intent for its revival, OR
2) a will revoked by subsequent instrument can be revived if testator republishes the will by subsequent will/codicil
3
Q
UPC Will Revival
A
Under the UPC if a will was only partially revoked by a subsequent instrument, the revoked provisions will automatically be revived UNLESS testator did not intend revival
