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Simple English definitions for legal terms

mistakenly induced revocation

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A quick definition of mistakenly induced revocation:

Mistakenly induced revocation is a legal term that refers to a situation where a person revokes their will, but later realizes that they made a mistake. This can happen when the person believes that a new will is valid, but it is not. The dependent relative revocation doctrine can be used to undo the revocation, but it does not always achieve the person's original intent or make an invalid will valid.

A more thorough explanation:

Definition: Mistakenly induced revocation is a legal doctrine that operates to undo a revocation of a will when there is evidence that the testator's revocation was conditional rather than absolute. This doctrine applies when a testator has physically revoked the will and believes that a new will is valid, although this belief is mistaken. The doctrine undoes only the revocation; it does not always accomplish the testator's intent or validate an otherwise invalid will.

Example: John creates a will leaving his entire estate to his son, Tom. Later, John revokes the will and creates a new one leaving his estate to his daughter, Sarah. However, John mistakenly believes that the new will is valid. After John's death, it is discovered that the new will is invalid due to a technical error. In this case, the doctrine of mistakenly induced revocation may apply to undo the revocation of the original will, and Tom may inherit John's estate.

This example illustrates how the doctrine of mistakenly induced revocation can be used to undo a revocation of a will when the testator's belief in the validity of a new will was mistaken.

missio in possessionem | mistery

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