Revocation by Subsequent Instrument

A will can be revoked if a new will is created that either explicitly states it revokes the previous will or is inconsistent with it. If the new will only deals with part of the estate, the old will remains valid for the portions not addressed by the new will.

Alice creates a will leaving her entire estate to her sister. Later, she drafts a new will that leaves her house to her brother but does not mention the rest of her estate. In this case, the first will is revoked only as to the house, while the rest of the estate still goes to her sister.

New will, new rules—revocation by inconsistency!

Exams may present scenarios where students overlook that only part of a will can be revoked, leading to confusion about the remaining provisions. Watch for language that suggests partial revocation.

Questions often involve multiple wills and test the candidate's ability to identify which parts of the estate are affected by subsequent instruments. Look for inconsistencies or explicit revocations in the fact patterns.