Also known as: revival · republication · revived and republished · will revival · will republication
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine allowing a testator to restore a previously revoked will to effectiveness. Revival occurs when the testator reexecutes the earlier will, executes a codicil showing intent to revive it, or revokes a later will under circumstances or declarations showing intent that the earlier will take effect.
Rhea Reynolds executed Will 2 that revoked Will 1. She later executed a codicil expressly stating intent to revive Will 1. The codicil revived the earlier will, making it her latest testamentary instrument under the doctrine.
Roland Rhodes executed Will 2 revoking Will 1. He later revoked Will 2 by act while declaring he wanted Will 1 restored. The circumstances and declaration showed intent, reviving Will 1 under UPC § 2-509.
Ruby Rivera executed Will 2 that revoked Will 1. She later reexecuted Will 1 with full formalities. The reexecution alone revived Will 1, restoring it as her operative will without need for further action.
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Rachel Ramirez executed Will 2 revoking Will 1. She tore up Will 2 declaring intent that Will 1 take effect. The declaration established revival of the earlier will under the controlling intent-based rule.
Rhea Reynolds executed Will 2 that revoked Will 1. She later tore up Will 2 while declaring she wanted Will 1 back in force. The circumstances and declaration showed intent to revive Will 1, so the earlier will took effect.
Roland Rhodes executed a will referencing a future letter. A later codicil revived and republished the will on the codicil date. The letter then satisfied the existing-document requirement for incorporation by reference.
Revival occurs by reexecuting the earlier will, by executing a codicil that shows intent to revive it, or by revoking the later will when circumstances or declarations show the testator intended the earlier will to take effect.
Yes. Republication by codicil treats the will as executed on the date of the codicil for purposes such as satisfying incorporation-by-reference requirements for documents that came into existence after the original will.
Revocation of the later will revives the earlier will if circumstances of the revocation or the testator's declarations show intent that the earlier will take effect, as provided in UPC § 2-509 and the Restatement.
…104, 108-109 [180 P.2d 351].) If a joint tenant conveys to a stranger and that person reconveys to the same tenant, then no revival of the joint tenancy occurs because the unities are destroyed. ( Hammond v. McArthur (1947) 30 Cal.2d 512 [183 P.2d 1]; Comments, Severance of Joint Tenancy in California (1957) 8…