Duplicate Wills

When a testator revokes one of their executed duplicate wills by physically destroying it, all duplicates are considered revoked as well. However, if an unexecuted copy is destroyed, it does not affect the validity of the executed wills, although the doctrine of dependent relative revocation (DRR) may apply if the destruction was based on a mistake.

Jane executed two identical wills, both signed and witnessed. Later, she accidentally burned one of the executed copies while cleaning. As a result, both wills are revoked, and Jane's estate will be distributed according to her remaining executed will.

Destroy one duplicate, lose them all!

Students may confuse the effects of destroying executed versus unexecuted copies, leading to incorrect conclusions about the validity of the wills.

Questions often present scenarios where a testator revokes a duplicate will, requiring candidates to analyze the consequences of physical destruction on all duplicates.