dependent relative revocation

dependent relative revocation
The doctrine which regards as mutually dependent the acts of one destroying a will and thereupon substituting another instrument for distribution of estate, when both acts are result of one plan, so that, if second act, through incompleteness or other defect, fails to accomplish its intended purpose, and it thereby becomes evident that testator was misled when he destroyed his will, act of destruction is regarded as bereft of intent of revocation and way for probate of destroyed will is opened. In re Cuneo's Estate, 60 Cal.2d 196, 32 Cal.Rptr. 409, 412, 384 P.2d 1

Black's law dictionary. . 1990.

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  • dependent relative revocation — n: a doctrine holding that if the destruction, cancellation, or revocation of a will is dependent on the making of a new will which is not made or is found to be invalid then the original will is still in effect Merriam Webster’s Dictionary of… …   Law dictionary

  • dependent relative revocation — The doctrine which regards as mutually dependent the acts of one destroying a will and thereupon substituting another instrument for distribution of estate, when both acts are result of one plan, so that, if second act, through incompleteness or… …   Black's law dictionary

  • dependent relative revocation — The doctrine that if a testator revoke a will with a present intention to make a new will as a substitute for the old, and the new will is not made, or if made fails of effect for some reason, it will be presumed that the testator preferred the… …   Ballentine's law dictionary

  • relative revocation — See dependent relative revocation …   Ballentine's law dictionary

  • revocation — rev·o·ca·tion /ˌre və kā shən/ n: an act or instance of revoking Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. revocation …   Law dictionary

  • relative — rel·a·tive adj 1: not absolute 2 in the civil law of Louisiana: having or allowing some legal effect a relative impediment a relative simulation see also relative nullity at nullity …   Law dictionary

  • revocation of will — The annulment of a will, making it speak for nought in whole or in part, by a clause in a later valid will by an inconsistent disposition of property in a later valid will or codicil, or by tearing, cutting, burning, obliterating, erasing and… …   Ballentine's law dictionary

  • conditional revocation — See dependent relative revocation …   Ballentine's law dictionary

  • provisional revocation — See dependent relative revocation …   Ballentine's law dictionary

  • Will (law) — Last Will redirects here. For the 2011 film, see Last Will (film). Wills, trusts …   Wikipedia

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