Revocation of Wills
Wills & Succession · Lesson 02
Revocation of Wills
這一課問的是：遺囑是否經有效撤回 — 物理行為、後續書面、或法律當然？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the will been validly revoked — by physical act, subsequent writing, or operation of law?
這一課問的是：遺囑是否經有效撤回 — 物理行為、後續書面、或法律當然？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
revocation
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Cancellation of will, in whole or part.
撤回。
revocation by physical act
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Tearing, burning, destroying with intent to revoke.
物理行為撤回。
revocation by writing
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Subsequent valid will or codicil.
書面撤回。
revocation by operation of law
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Divorce typically revokes provisions for ex-spouse.
當然撤回。
partial revocation
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Some states allow partial physical revocation.
部分撤回。
DRR
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Dependent Relative Revocation: undoes revocation tied to mistaken belief.
依存撤回。
intent
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Revocation requires intent to revoke.
撤回意圖。
Issue · what this lesson is really about
Has the will been validly revoked — by physical act, subsequent writing, or operation of law?
這一課問的是：遺囑是否經有效撤回 — 物理行為、後續書面、或法律當然？
Trigger words & phrases that should flag this issue:
toreburnedcrossed outnew willdestroyeddivorce
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply physical | Revocation by physical act requires both act AND intent. | 物理撤回須行為 + 意圖。 |
| Apply writing | Subsequent valid will expressly or implicitly revokes prior. | 後續有效遺囑明示或默示撤回前者。 |
| Apply operation of law | Divorce typically revokes will provisions in favor of ex-spouse. | 離婚通常撤回對前配偶之處分。 |
Rule Sentence · the workhorse
A will may be revoked by (1) a physical act of destruction (tearing, burning, obliterating) accompanied by intent to revoke; (2) a subsequent will or codicil expressly or implicitly revoking the prior will; or (3) operation of law — typically, divorce revokes provisions for the former spouse.
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撤回
Object 對象prior will先前遺囑
Standard 法律標準physical act + intent · subsequent writing · operation of law物理行為 + 意圖 / 書面 / 當然
Consequence 後果will revoked遺囑撤回
Casebook Snapshot · a real American case
Thompson v. Royall
Holding. Writing 'null and void' on the back of a will without altering the will's text does not constitute revocation by physical act, even with revocation intent. The physical act must affect the words of the will itself; mere writing on the back is insufficient.
Why it matters. Thompson confirms strict-act requirement: words alone, even with intent, aren't enough — the act must mark or destroy the will's text.
Thompson：撤回行為須觸及遺囑文字本身；背面寫字不足。
Common Mistakes · what trips students
✗ crossed out 但 unsigned 即撤回。
✓ Most states require physical act on the will itself with intent.
通常須對遺囑本身為物理行為。
✗ lost will 推定 revoked。
✓ Presumption of revocation if last in testator's possession.
若立遺囑人最後持有 → 推定撤回。
Mini IRAC · build the Application
Issue. Is a will validly revoked when T tore it up but immediately taped it back together, then died with the taped will?
Rule. Revocation by physical act requires both a physical act of destruction AND the intent to revoke.
Application (model). T tore up the will (physical act of destruction), but immediately taped it back together. Because revocation requires both the physical act AND continuing intent to revoke at the time of the act, the fact that T tore the will but immediately rejoined it suggests T did not have settled intent to revoke means revocation likely fails.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the will is likely not revoked (or DRR may apply if a partial revocation was attempted under mistake).
MBE Check · multiple choice
T executes Will #1 leaving everything to A. Later, T executes Will #2 leaving everything to B without expressly revoking #1. T dies. Which controls?
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: