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Revocation by Physical Act

Revocation by Physical Act. Requirements to Revoke by Physical Act. 1. Mental Capacity. Requirements to Revoke by Physical Act. 2. Revocation Intent. Requirements to Revoke by Physical Act. 3 . Physical Act -- § 63 “destroying or canceling” By testator, or

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Revocation by Physical Act

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  1. Revocation byPhysical Act

  2. Requirements to Revoke by Physical Act 1. Mental Capacity
  3. Requirements to Revoke by Physical Act 2. Revocation Intent
  4. Requirements to Revoke by Physical Act 3. Physical Act -- § 63 “destroying or canceling” By testator, or By proxy in testator’s presence.
  5. Requirements to Revoke by Physical Act 4. Concurrence of first three requirements.
  6. Remedy if intent and physical act do not mesh 1. If no evil conduct No remedy – will is not revoked.
  7. Remedy if intent and physical act do not mesh 2. If evil conduct Constructive trust. Morris v. Morris – p. 174
  8. Partial revocation by physical act Examples: I leave $10,000 to Walter Bishop I leave $10,000 to each of Walter Bishop and Peter Bishop. Approaches: Effective to revoke gift No effect on gift
  9. Partial revocation by physical act Texas Typed will – Leatherwood v. Stephens – p. 177 Holographic will
  10. Partial revocation by physical act 1. I leave my house to X. 2. I leave $10,000 to Y. 3. I leave the rest to Z. What result?
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