What is required for full revocation of a will by physical act?*
Burning
Cancelling
- Writing across words
Cutting
Mutilating
Obliterating
Tearing
What is required for full revocation of a will by subsequent writing?*
1) T’s clear intention to effect revocation
2) Formalities of will execution
What is required for full revocation of a will by destruction?
1) Testator destroys/directs another to destroy will
2) In Testator’s presence
3) In 2 Witnesses’ presence
What is required for partial revocation of a will?*
By writing
1) Formalities of Will (Codicil)
2) Partial revocation by another will/writing
NOT by physical act
What is required for submitting a lost/destroyed will for probate?*
1) Will NOT revoked
- Burden of proof on Testator!!!
2) Will was properly executed
3) Either;
- ALL Will provisions can be clearly and distinctly proved by at least 2 credible witnesses
- Copy/Draft of will proved to be true and complete
How may Testator revive prior will if revoked by later will containing revocation clause?*
Execute codicil that incorporates will provisions by reference
Execute writing that declares revival of prior will
- Will formalities required
Re-execute + Re-attest prior will
- Will formalities required
What is Dependent Relative Revocation (DDR) doctrine? When does DDR apply?*
If condition to revoke will is NOT fulfilled => Revocation is NOT effective
If Testator cancels will + intends to make new testamentary disposition BUT fails/is not made => DDR applies
When are dispositions to former spouses revoked?*
Judicial separation
Divorce
Annulment
Marriage declared as void
Marriage dissolved on ground of absence
What type of dispositions to former spouses may be revoked?
Dispositions
- By will
- By PoA
- By beneficiary designations for securities/life insurance/pension/retirement benefits
- By revocable trust (Totten Trusts)
Nominations of former spouses to serve in fiduciary/representative capacity
Who does disposition to former spouses pass to if revoked?
Alternative beneficiaries
