20:49
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LSDefine
Simple English definitions for legal terms
dependent relative revocation
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A quick definition of dependent relative revocation:
Dependent Relative Revocation: A rule that says if someone tries to cancel their will, but they only did it because they thought they had a new, better will, and it turns out they were wrong, then the old will can still be used. This only works if the cancellation was conditional, meaning it was based on a mistaken belief. It doesn't always make the cancelled will valid again, but it can sometimes help.
A more thorough explanation:
Dependent relative revocation is a legal principle that can undo a revocation of a will if there is evidence that the testator's revocation was conditional rather than absolute. This means that if a testator revokes their will, but it was based on a mistaken belief or condition, the revocation may be undone.
For example, if a testator revokes their will because they believe a new will is valid, but the new will is actually invalid, the dependent relative revocation doctrine may apply. This would undo the revocation and reinstate the original will.
It's important to note that this doctrine only applies to the revocation itself and does not necessarily validate an otherwise invalid will or accomplish the testator's intent.