!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

ineffective revocation

Read a random definition: ASCAP

A quick definition of ineffective revocation:

Ineffective revocation is a legal term that refers to a situation where a person tries to cancel their will, but the cancellation is not valid because it was conditional or mistaken. This is also known as the dependent relative revocation doctrine. For example, if someone tears up their will because they believe a new one is valid, but the new will is not legally binding, the old will may still be considered valid. However, this doctrine does not always achieve the person's intended outcome or make an invalid will valid.

A more thorough explanation:

Definition: Ineffective revocation is a legal term that refers to the dependent relative revocation doctrine. This doctrine is a common-law principle that operates to undo an otherwise sufficient revocation of a will when there is evidence that the testator's revocation was conditional rather than absolute.

For example, if a testator physically revokes their will and believes that a new will is valid, although this belief is mistaken, the doctrine of ineffective revocation may apply. The doctrine undoes only the revocation, but it does not always accomplish the testator's intent or validate an otherwise invalid will.

The dependent relative revocation doctrine is also known as conditional revocation, mistakenly induced revocation, or the doctrine of ineffective revocation.

Examples:

  • A testator revokes their will because they believe that a new will is valid, but the new will is not properly executed. The doctrine of ineffective revocation may apply to undo the revocation of the original will.
  • A testator revokes their will because they believe that a beneficiary has died, but the beneficiary is actually alive. The doctrine of ineffective revocation may apply to undo the revocation of the original will.

These examples illustrate how the doctrine of ineffective revocation operates to undo a revocation that was conditional or based on mistaken beliefs. The doctrine aims to ensure that the testator's true intentions are carried out, even if they made a mistake in revoking their will.

inebriated | Ineligibility Clause

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.