Revocation Of Wills

Front 1

What constitutes a valid revocation?

Back 1

1) Execution of a subsequent testementary instrument that expressly revokes previous will; or

2)By revocatory act; i.e. burning,tearing,canceling, obliterating,destorying

Revised UPC harmless error rulle may apply to revocation as well

Front 2

Revocation by instrument

Back 2

1)Express revocation clause
2)Act of revocaiton w/out disposition; required to conform with testimentary formalities
3)Implied Revocation; revocation by inconsistency;
revocation of whole when entire estate disposed of

Front 3

Revocation by someone other than T?

Back 3

"Proxy" revocation must be at T's direction and in T's presence.

Front 4

Lost/Destroyed Wills

Back 4

Will last seen in T's presence & will not found or found destroyed, it is presumed revoked by T.
*Neither presumption arises if will last seen in custody of adversely affected party.

Evidence admissible to rebut presumptions

Front 5

Dependant Releative Revocation

Back 5

Law of 2nd Best. Where T's intent is known but cannot be given effect due to mistake of law or fact as to validity of other disposition, court may give effect to prior revoked will.

Front 6

When DRR used?

Back 6

Only when disregarding the revocaiton we come closer to what the T tried but failed to do than by intestate succession.

Front 7

Intent is the 1st will

Back 7

Revocaiton to revive. Belief that revocation of 2nd will will revive 1st will is incorrect.

Front 8

Intent is 2nd will

Back 8

Revocation to replace. New revocatory will fails for some reason other than incompletion, and 1st will is closer to intent than intestacy.

Front 9

What if there's a change on the face of the will after signature and attestation? Revocation?

Back 9

MAJORITY RULE & UPC a partial revocation by physical act are valid. BUT words added after sign/attest are disregarded & not part of the executed will. *REVISED UPC Harmless error rule may give effect though.