Revocation by Physical Act 1 Requirements to
Description: Revocation by Physical Act 1 Requirements to Revoke by Physical Act 1. Mental Capacity 2 Requirements to Revoke by Physical Act 2. Revocation Intent 3 Requirements to Revoke by Physical Act 3. Physical Act EC 253.002 destroying or
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slide1. Revocation by Physical Act 1<br>
slide2. Requirements to Revoke by Physical Act 1. Mental Capacity 2<br>
slide3. Requirements to Revoke by Physical Act 2. Revocation Intent 3<br>
slide4. Requirements to Revoke by Physical Act 3. Physical Act – EC § 253.002
“destroying or canceling”
By testator, or
By proxy in testator’s presence. 4<br>
slide5. Requirements to Revoke by Physical Act 4. Concurrence of first three requirements. 5<br>
slide6. Problems 1-4, 6 on pages 165-166 6<br>
slide7. Remedy if intent and physical act do not mesh 1. If no evil conduct
No remedy – will is not revoked. 7<br>
slide8. Remedy if intent and physical act do not mesh 2. If evil conduct
Constructive trust.
Morris v. Morris – p. 167 8<br>
slide9. Partial revocation by physical act Examples:
I leave $10,000 to Steve McGarrett.
I leave $10,000 to each of Steve McGarrett and Daniel Williams.
Approach varies by jurisdiction:
Effective to revoke gift
No effect on gift
What policy supports each approach? 9<br>
slide10. Partial revocation by physical act Texas
Typed will – Leatherwood v. Stephens – p. 169
Holographic will 10<br>
slide11. 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? 11<br>
slide2. Requirements to Revoke by Physical Act 1. Mental Capacity 2<br>
slide3. Requirements to Revoke by Physical Act 2. Revocation Intent 3<br>
slide4. Requirements to Revoke by Physical Act 3. Physical Act – EC § 253.002
“destroying or canceling”
By testator, or
By proxy in testator’s presence. 4<br>
slide5. Requirements to Revoke by Physical Act 4. Concurrence of first three requirements. 5<br>
slide6. Problems 1-4, 6 on pages 165-166 6<br>
slide7. Remedy if intent and physical act do not mesh 1. If no evil conduct
No remedy – will is not revoked. 7<br>
slide8. Remedy if intent and physical act do not mesh 2. If evil conduct
Constructive trust.
Morris v. Morris – p. 167 8<br>
slide9. Partial revocation by physical act Examples:
I leave $10,000 to Steve McGarrett.
I leave $10,000 to each of Steve McGarrett and Daniel Williams.
Approach varies by jurisdiction:
Effective to revoke gift
No effect on gift
What policy supports each approach? 9<br>
slide10. Partial revocation by physical act Texas
Typed will – Leatherwood v. Stephens – p. 169
Holographic will 10<br>
slide11. 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? 11<br>