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Revocation of Wills

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after a man died, he remarried, he died befor june 2005, the new wife discovered a copy of the man's deceased wife's will, it had lines throught it and cross outs.. the new wife filed a petitions seeking to admit the will to probate. the will she submitted contained sereral handwritten strikeouts and interlineations. the deceased wife's children objected to the admission of the will, arguing that it was invalid because the original will was destroyed. was the will valid, if so why"
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Solution Preview

Good afternoon,

Let me first say that the area of law pertaining to Wills and Estates is state specific. There is no federal law that governs the execution and revocation of wills. However, there is the Uniform Probate Code, which is a state adopts, then it joins other states in following the concepts of the code, although each state can still modify to their specific state. So, I can only speak about from a general sense unless you are from North Carolina and then I could be even more specific. However, UPC 2-507 (please see below) speaks to the revocation of a will.

Unif.Probate Code § 2-507
§ 2-507. Revocation by Writing or by Act.

(a) A will or any part thereof is revoked:
(1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; ...

Solution Summary

This answer addresses the whether striking out sections in a will by hand constitutes proper revocation and therefore, the will is no longer valid.

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