Wednesday, November 15, 2023
Richard F. Storrow (City University of New York School of Law) published an Article in the Texas Tech Law Review, Reviving Revival in the Law of Wills, October 2023. Provided below is an introduction to the Article:
When a testator dies after executing a succession of wills, the doctrine of revival may come into play to establish the testator’s final estate plan. Interjurisdictional inconsistency plagues the doctrine, making it particularly perplexing to testators. The Uniform Probate Code’s multipronged solution lacks substance, particularly in cases of revocation by implication. These problems with the revival doctrine put the paramount concern of carrying out a testator’s intent at risk without any countervailing advantage of protecting dependent survivors or administrative efficiency. This Article explains how the theory of ambulation shapes testators’ expectations about revival and argues for the reinstatement of revival as the default rule with nonrevival available by a testator’s express election.