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Terms in this set (96)

An entire will can be revoked:

1. Revocation by physical act by the material parts of the entire will being torn, cancelled, obliterated, or destroyed WITH THE INTENT AND FOR THE PURPOSE of revoking the entire will, by either (a) the testator, or (b) another person in the testator's presence and by the testator's direction —> Material parts include the language or text of the will, not the physical paper.

2. By any portion of the will being burned with the intent and for the purpose of revoking the will, by either: (a) the testator, or (b) another person in the testator's presence and by the testator's direction

3. By a subsequent validly-executed will that revokes the entire earlier will expressly
"I revoke the will I executed on 1/1/08"
"I revoke all wills I have previously executed"

4. By a subsequent validly-executed will that revokes the entire earlier will by inconsistency
Will #1 all my property to my son
Will #2 all my property to my daughter (no mention of the earlier will)
—> Since there was no express revocation, need to read the documents together. In parts of inconsistency, the later will wins.

5. If a will is executed in duplicate AND if the entire material parts of one of the duplicates is torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking the entire will, by either (a) the testator, or (b) another person in the testator's presence and by the testator's direction (Pre-copy machine days, type up the same document twice; Post-copy machine days, do NOT remove the staples)