ii. KSA 59-612: Destroying a second will won't revive a first will UNLESS
UNLESS it appears by the terms of such revocation that it was the testator's intention to revive the first will OR UNLESS all of the formalities are re-done for the first will. The "terms" could probably be oral. Not clear how close to the event of destruction the oral terms have to be.
iii. UPC 2-509(a) if a subsequent will that wholly revoked the previous will is itself revoked by physical act, the presumption is that
the previous will remains revoked.
iv. UPC 2-509(b) if a subsequent will that partly revoked the previous will is itself is revoked, the presumption is that
the previous will is revived.
m. Revocation by operation of law.
i. General Rule:
Most if not all states say that divorce revokes any provision in decedent's will for the divorced spouse. Treats the spouse as if he/she predeceased. In the remaining states, revocation occurs only if divorce is accompanied by a property settlement.
ii. If the testator executes her will and subsequently marries, statutes in a large majority of states give the spouse his
his intestate share, unless it appears from the will that the omission was intentional or the spouse is provided for in the will or be a will substitute with the intent that the transfer be in lieu of a testamentary provision. Where a surviving spouse doesn't take an intestate share because the spouse is mentioned in the premarital will, the spouse may be able to take an elective or forced share of the decedent spouse's estates, which is available to all surviving spouses in separate property states whether intentionally or unintentionally disinherited.
iii. Statutes in a few states a marriage followed by the birth of children revokes
a will executed before marriage, but this rule has not been incorporated in the UPC and is rapidly disappearing. But almost all states have pretermitted child statutes, giving a child born after the execution of the parent's will, and not mentioned in the will, a share in the parent's estate.
iv. KSA 59-610 - "If after making a will the testator marries AND has a child, by birth or adoption, the (whole) will is
v. These statutes operate on the will of the testator whether it is the testator's
intent or not (unless the testator does something to revive the old will).
vi. UPC 2-804. Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances:
1. Trying to be more comprehensive than wills in view of the fact that many people these days have will substitutes. KS statute just revokes a will.
2. Runs into problems because it purports to change pension plans.
vii. Revival by Codicil
Have to watch out for later codicils to will be made before marriage or divorce. Could be considered republication of earlier will, so that earlier will is revived. Must have formalities.
viii. These statutes don't apply to