Revival and Dependent Relative Revocation

If a person revokes their first will by creating a second will, the first will can come back into effect if the second will is revoked by a physical act and the person intended to revive the first will. Dependent Relative Revocation (DRR) allows for the cancellation of a revocation if the person mistakenly believed that the second will was valid, and revoking the second will better reflects their true intentions.

Jane creates a will leaving her estate to her sister. Later, she writes a second will that unintentionally contradicts the first. After realizing the second will is invalid, Jane tears it up, intending to revive the first will. Since she intended to revive the first will, it is now effective again.

Revocation can be undone if intention shines through.

Exams may present scenarios where a testator's intent is ambiguous, leading students to misinterpret the revival of a will. Students often overlook the importance of the testator's intent in DRR situations.

Questions typically involve a fact pattern where a testator revokes a will and later attempts to revive it, or they may present a situation where a mistaken belief about a second will's validity leads to confusion about the testator's true intentions.