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Ineffective revocation is a legal term that refers to a situation where a person tries to cancel their will, but the cancellation is not valid because it was conditional or mistaken. This is also known as the dependent relative revocation doctrine. For example, if someone tears up their will because they believe a new one is valid, but the new will is not legally binding, the old will may still be considered valid. However, this doctrine does not always achieve the person's intended outcome or make an invalid will valid.
Definition: Ineffective revocation is a legal term that refers to the dependent relative revocation doctrine. This doctrine is a common-law principle that operates to undo an otherwise sufficient revocation of a will when there is evidence that the testator's revocation was conditional rather than absolute.
For example, if a testator physically revokes their will and believes that a new will is valid, although this belief is mistaken, the doctrine of ineffective revocation may apply. The doctrine undoes only the revocation, but it does not always accomplish the testator's intent or validate an otherwise invalid will.
The dependent relative revocation doctrine is also known as conditional revocation, mistakenly induced revocation, or the doctrine of ineffective revocation.
Examples:
These examples illustrate how the doctrine of ineffective revocation operates to undo a revocation that was conditional or based on mistaken beliefs. The doctrine aims to ensure that the testator's true intentions are carried out, even if they made a mistake in revoking their will.