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9 Cards in this Set
- Front
- Back
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Revival |
-Provides the T with a method of reviving a will that had been revoked by a subsequent will without executing a new will -Three Approaches --English C/L View --Strict Anti-Revival --UPC Approach |
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English C/L View |
Prior to death, a will is not effective. Therefore, whatever will survives at the T's death is the effective will |
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Strict Anti-Revival (Minority) |
-A will that is revoked by a subsequent instrument cannot thereafter be revived except by re-execution or re-publication NC Gen Stat 31-5.8: -No will or any part thereof that has been in any manner revoked can be revived otherwise than by a re-execution thereof, or by the execution of another will in which the revoked will or part thereof is incorporated by reference Exception--NC Gen Stat 31-5.4: -Dissolution of marriage by absolute divorce revokes all provisions in the will in favor of the testator's former spouse; if provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse |
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UPC Approach |
UPC 2-509: -If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed |
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Doctrine of Dependent Relative Revocation (DRR) |
-Derived from the fact that the T was operating under a mistake (mistake of law or mistake of fact) -Mistake somehow was related to T's desire to revoke the will, but revocatory intent tainted by mistake |
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DRR Requirements |
-An act or writing which could constitute an effective revocation; and -A substitute disposition which is either induced by or rendered ineffective by a mistake of law or fact on the part of the testator |
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Should DRR Apply? |
-Was there an act or writing which could constitute an effective revocation? -Was there a substitute disposition that was either induced by or rendered ineffective by a mistake of law or fact on the part of the testator? -If given a choice, which option would the testator prefer? |
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Applying DRR to Revocation by Physical Act |
-In appropriate circumstances, all jurisdictions apply DRR to revocation by physical act. -Extrinsic evidence is allowed to show what testator's desire was |
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Applying DRR to Revocation by Subsequent Instrument |
Three Approaches -DRR does not apply to revocation by subsequent instrument -DRR can be applied, but only if the revocation by subsequent instrument is implied -DRR can be applied even when there is an express revocation, but only if the testator's mistaken belief of law or fact appears on the face of the instrument; or there is an alternate disposition that fails |
