Dependent Relative Revocation is a legal principle that allows for the reinstatement of an old will if the cancellation of the will was based on a mistaken belief that a new, better will existed. This rule applies only if the cancellation was conditional and the mistaken belief was the sole reason for revoking the will. While it does not guarantee the validity of the cancelled will, it can provide assistance in certain cases.
Dependent relative revocation is a legal principle that can nullify the revocation of a will if there is evidence that the testator’s revocation was conditional rather than absolute. In other words, if a testator revokes their will based on a mistaken belief or condition, the revocation may be reversed. For instance, if a testator revokes their will because they believe a new will is valid, but it turns out the new will is actually invalid, the dependent relative revocation doctrine may come into play. This would undo the revocation and restore the original will. It is important to understand that this doctrine only applies to the revocation itself and does not necessarily validate an otherwise invalid will or achieve the testator’s intention.
DRR is a legal doctrine that allows a testator to revoke a will based on a mistaken belief or misunderstanding of the law, but only if the testator’s intent to revoke the will was dependent on the mistaken belief.
An example of a mistaken belief that could trigger DRR is if a testator believes that a certain beneficiary is ineligible to inherit under the law, but later discovers that the beneficiary is actually eligible.
DRR differs from a regular revocation of a will because it requires a mistaken belief or misunderstanding of the law to trigger the revocation.
No, DRR cannot be used to revoke a will if the testator simply changes their mind about the beneficiaries. It requires a mistaken belief or misunderstanding of the law.
The burden of proof for DRR is on the party seeking to revoke the will based on the doctrine. They must prove that the testator’s intent to revoke the will was dependent on a mistaken belief or misunderstanding of the law.
No, DRR cannot be used to revive a previously revoked will. It only applies to the revocation of a will based on a mistaken belief or misunderstanding of the law.
No, DRR cannot be used to challenge a will that was revoked due to undue influence or fraud. It only applies to the revocation of a will based on a mistaken belief or misunderstanding of the law.
No, DRR cannot be used to challenge a will that was revoked due to a subsequent marriage or divorce. It only applies to the revocation of a will based on a mistaken belief or misunderstanding of the law.
No, DRR cannot be used to challenge a will that was revoked due to a subsequent will. It only applies to the revocation of a will based on a mistaken belief or misunderstanding of the law.
No, DRR cannot be used to challenge a will that was revoked due to a physical act, such as tearing up the will. It only applies to the revocation of a will based on a mistaken belief or misunderstanding of the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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