Will Revocation

Question 1

ambulatory

Answer 1

-means they are capable of being altered or revoked in whole or in part any time until T’s death

Question 2

3 ways to revoke a will

Answer 2

1) subsequent instrument
2) physical act
3) operation of law

Question 3

subsequent instrument

Answer 3

• revoke by a later will or codicil

- later writing expressly revokes a prior will

Question 4

inconsistency

Answer 4

-later writing inconsistent with prior wills so long as it is validly executed later document controls

Question 5

codicil v new will

Answer 5

• if original has a residuary gift and the later writing does not, then later is probably a codicil
• original will does not have a resid gift and later writing does later writing is a new will

Question 6

physical act

Answer 6

• t may also revoke in its entirety by engaging in a physical act
• tearing, burning, and crossing out the document
• need intent

Question 7

lost wills

Answer 7

• rebuttal presumption that the T revoked the will by physical act
• burden is on proponent to show will’s existence by C&C
• duplicate originals can be admitted, copies cannot

Question 8

operation of law

Answer 8

• under TX law, divorce revokes all will provisions in favor of the former spouse, unless there is evidence that the T wanted the will to survive
• separation does nt affect the rights of a surviving spouse

Question 9

revoking codicils

Answer 9

• revoking a will t also revokes any codicil attached to the will
• if you revoke a codicil, the underlying will is revived and the will is still good

Question 10

revival

Answer 10

-in texas, no automatic revival of a revoked will

Question 11

Dependent Relative Revocation

Answer 11

• tx courts have never actually applied
• DRR provides a safety valve for T who mistakenly revoke a will
• mistake can be a mistake of law or mistake of fact
• courts use DRR to revive a revoked will (invalidate the mistaken revocation)