Dependent Relevant Revocation refers to the act of revoking a privilege or right based on certain conditions or circumstances. It involves the revocation of a privilege or right that is dependent on the occurrence of specific events or the fulfilment of certain criteria.
Dependent relevant revocation (DRR) is a legal principle that upholds the validity of an old will if a new will, intended to replace it, is deemed invalid. This rule is crucial, as it ensures that the person’s property is distributed according to their wishes rather than being subject to the laws of intestacy. The rationale behind this rule is that the testator likely intended to modify their will only if the new one met the necessary requirements, rather than leaving their estate without any testamentary instructions.
In estates and trusts law, dependent relevant revocation (DRR) is a legal concept that states that if an individual revokes their previous will by creating a new one, but the new will is deemed invalid, the previous will remains valid. This is because the revocation of the previous will was conditional on the validity of the new will. For instance, if John creates a will leaving all his property to his wife, Jane, and later creates a new will leaving everything to his son, Jack, but the new will is invalid due to improper signing, the previous will leaving everything to Jane would still be valid. The DRR doctrine is based on two principles: the individual did not want to die without a will and only revoked the previous will on the condition that the new will was valid. Without DRR, both wills would be invalid, and the state would determine who receives the property through intestacy.
DRR is a legal doctrine that allows a testator to revoke a will or a portion of it if a dependent provision is invalidated.
A dependent provision is a clause in a will that provides for the maintenance or support of a dependent, such as a spouse, child, or disabled relative.
If a dependent provision is invalidated, the entire will or a portion of it may be revoked under the DRR doctrine.
DRR applies if the testator’s intent to revoke the will or a portion of it is dependent on the invalidation of a dependent provision.
Yes, DRR can be used to revoke a will entirely if the testator’s intent to revoke the will is dependent on the invalidation of a dependent provision.
Yes, DRR can be used to revoke a specific provision in a will if the testator’s intent to revoke that provision is dependent on the invalidation of a dependent provision.
If the dependent provision is reinstated, the revocation under DRR is no longer valid, and the will or the provision that was revoked is reinstated.
No, DRR can only be used to revoke a will or a provision of it if there is a dependent provision that has been invalidated.
No, DRR can only be used if the dependent provision has been invalidated.
Yes, DRR can be challenged in court if there is a dispute over the validity of the revocation or the dependent provision.
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: 1st May 2024.
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