Also known as: reexecute · reexecutes · reexecuted · reexecuting · re-executions · re-execution
Written by attorneys · grounded in primary & secondary sources — see below
An act of executing a previously revoked will with the formalities required for a valid will, thereby reviving the earlier instrument as the testator's latest will.
Robert Rivera executed Will No. 1 leaving his estate to his children. He later executed Will No. 2 that expressly revoked Will No. 1 and left everything to a charity. Robert then reexecuted Will No. 1 with two witnesses and the required formalities. The reexecution revived Will No. 1 as his latest will.
Rina Rahman executed a will leaving her farm to her niece. She later tore up that will with intent to revoke it. Rina then reexecuted the same document with two witnesses present. The reexecution revived the will under the governing revival standard.
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Rebecca Ross executed a will leaving her house to her then-husband. After their divorce revoked the devise, Rebecca remarried him and reexecuted the original will with proper formalities. The reexecution revived the devise to her former spouse.
No. Reexecution of the earlier will revives it even if the testator never revokes the later will. The revived will then operates as the testator's latest instrument.
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Reexecution is one recognized method of revival after revocation by act. The testator may also revive the will by codicil showing intent or by an act on the document that clearly demonstrates intent to reverse the revocation.
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The testator must possess testamentary capacity, be free from fraud, duress, and undue influence, and comply with the statutory execution formalities at the time of reexecution. The reexecuted document then becomes the operative will.
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Reexecution revives the earlier will but does not automatically revoke the later will. Whether the revived will revokes the later instrument depends on application of the rules governing revocation by subsequent will.
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