Will Revocation Flashcards
Will Revocation
Generally
A will may be revoked in whole or in part.
Revocation of will revokes its codicils
Revocation of codicil does not revoke underlying will
Methods of Will Revocation
1) Subsequent Instrument (express or implied revocation)
2) Physical Act (burning, tearing, line out)
3) Operation of Law (divorce)
Revocation by Physical Act
A will is revoked by physical act if:
1) testator intended to revoke the will, and
2) the will is burned, torn, destroyed, cancelled by the testator
Common Law Revocation by Physical Act
words of cancellation
Words of cancellation are valid only if they come in physical contact with words of the will.
(i.e., written over)
UPC Revocation by Physical Act
words of cancellation
Words of cancellation are valid even if the did not physically contact the words of the will.
A testator …. substitute a gift by words of cancellation.
canNOT
(e.g., crossing out type of gift & substituting for other)
Revocation by Subsequent Will or Codicil
A testator may revoke a will by executing subsequent will or codicil.
Execution of new will only revokes previous only to the extent that previous will conflicts with new UNLESS new will expressly revokes previous will in its entirety
Dependent Relative Revocation Doctrine
The Dependent Relevant Revocation Doctrine cancels a previous revocation that was made under a mistaken belief of law or fact.
testator would not have revoked original will but for mistaken belief that another will he prepared would be valid
Application of Dependent Relative Revocation Doctrine
Courts only apply DRR when there is a sufficiently close identity to the revoked bequest and the bequest in the invalid subsequent will.
courts consider testator’s intent by comparing distributions
Revocation by Divorce
A final divorce decree revokes any disposition or appointment of property made to former spouse.
Modern States also revoke gifts to former spouse’s relatives.
