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Simple English definitions for legal terms
implied revocation of wills
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A quick definition of implied revocation of wills:
Implied revocation of wills happens when someone makes a new will that contradicts their old one, but they don't say they're revoking the old one. This means the old will is cancelled out by the new one. For example, if someone says their first son gets their house, but then later says their second son gets the same house, the second will cancels out the first one. It depends on what the person meant when they wrote the new will whether the old one is completely cancelled or just the parts that don't match the new one.
A more thorough explanation:
The implied revocation of a will, also known as a revocation by inconsistency, happens when a person who has already made a will creates a new one that contradicts the first one. If the new will does not explicitly revoke the first one, the inconsistency between the two wills revokes the first one.
For example, if a person's first will gives their house to their oldest child, but their second will gives the same house to their youngest child, the first will is revoked, and the youngest child will inherit the house. The extent to which the first will is revoked depends on the testator's intentions when writing the second will.
Another example could be if a person's first will leaves their car to their friend, but their second will leaves the same car to their spouse. In this case, the first will is revoked, and the spouse will inherit the car.
Overall, the implied revocation of wills occurs when a new will is created that contradicts the first one, and the first will is not explicitly revoked. The inconsistency between the two wills revokes the first one, and the extent of revocation depends on the testator's intentions.