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Revival
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Revival. Fact Pattern. 1. Testator executed valid Will 1. 2. Testator executed valid Will 2 which expressly revoked Will 1. 3. Testator validly revokes Will 2 but does not execute a new will. 4. What result?. Approaches. 1. Revival Will 1 takes effect. Approaches. 2. No Revival
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Revival
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Fact Pattern • 1. Testator executed valid Will 1. • 2. Testator executed valid Will 2 which expressly revoked Will 1. • 3. Testator validly revokes Will 2 but does not execute a new will. • 4. What result?
Approaches • 1. Revival • Will 1 takes effect.
Approaches • 2. No Revival • Intestacy.
Approaches • 3. Intent (UPC) • Will 1 or intestacy, depending on evidence of testator’s intent.
Approaches • Texas • Hawes v. Nicholas – p. 188
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