Dependent Relative Revocation
Wills & Succession · Lesson 11
Dependent Relative Revocation
這一課問的是：當撤回連結於誤信時，前遺囑應否依 DRR 復活？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Should the prior will be revived under DRR when revocation was tied to a mistaken belief?
這一課問的是：當撤回連結於誤信時，前遺囑應否依 DRR 復活？
Trigger words & phrases that should flag this issue:
mistakenlyconditionalsubstitute willinvalid replacement
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
DRR
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Dependent Relative Revocation: undoes revocation based on mistaken belief.
依存撤回。
conditional revocation
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Revocation conditioned on validity of substitute.
條件撤回。
ineffective substitute
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Replacement disposition that fails.
無效替代。
better testamentary plan
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Testator would prefer original to intestacy.
較佳遺囑計劃。
Rule Sentence · the workhorse
Under Dependent Relative Revocation, a revocation of a will or part thereof is presumed conditional on the validity of a substitute disposition; if the substitute fails, the original disposition is revived to give effect to the testator's overall intent.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人testator立遺囑人
Act 行為revoking with mistaken belief以誤信撤回
Object 對象prior will前遺囑
Standard 法律標準conditional intent + better intent條件意 + 較佳意圖
Consequence 後果prior will revived前遺囑復活
Casebook Snapshot · a real American case
Estate of Alburn
Holding. Where a testator revokes a will believing a prior will to be valid, but the prior will is in fact ineffective, the doctrine of dependent relative revocation may revive the revoked will if doing so better effectuates the testator's intent than intestacy.
Why it matters. Alburn applies DRR to undo a revocation tied to a mistaken belief — testator's intent prevails over technicality.
Alburn：DRR 撤銷誤信下之撤回；意圖優先。
Common Mistakes · what trips students
✗ DRR 自動適用 all revocations。
✓ Only when revocation was conditional on mistake.
僅條件式錯誤之撤回。
Mini IRAC · build the Application
Issue. Should the court revive T's revoked 2018 will when T destroyed it believing the new 2020 will was valid, but the 2020 will turned out to be improperly witnessed?
Rule. Under Dependent Relative Revocation, revocation is presumed conditional on validity of a substitute disposition; if the substitute fails, the original is revived.
Application (model). T destroyed her 2018 will after executing the 2020 will, believing the 2020 will would govern; the 2020 will failed for improper witnessing. Because DRR revives a revoked will when revocation was conditioned on the validity of a substitute that fails, the fact that T's revocation of the 2018 will was tied to her belief that the 2020 will would replace it — and the 2020 will is invalid — means DRR applies to revive the 2018 will.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the 2018 will is revived under DRR and controls the disposition.
MBE Check · multiple choice
T's will leaves $100 to A. T crosses out "$100" and writes "$500" above it, but in many states partial revocation by act doesn't apply to such alterations. What's the result under DRR?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: