Revocation of a Revoking Codicil: The Renaissance of Revival in California

Bird, Gail Boreman

Journal: UC Law Journal

Volume: 33

First Page: 357

Year: 1981

Bluebook Citation: 33 UC L.J. 357 (1981)

Author: Gail Boreman Bird: all 4 publications


Abstract

Whether revocation of a later will revives an earlier will is a question that has perplexed courts and legislatures for centuries. This Article examines the law governing revocation and revival of wills. The Article first analyzes the development of these doctrines in California and notes that several inconsistencies have been judicially grafted onto the California statutes. To remove these inconsistencies, the Article recommends that the California statute be replaced by the rule proposed in the Uniform Probate Code.

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