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Multiple Choice

Lost wills doctrine requires revival only if there is what?

Revival under the lost wills doctrine hinges on proof of the testator’s intent to revive the earlier will. When a prior will has been revoked by a later instrument or lost and later found, the court won’t automatically reinstate it; there must be clear evidence that the testator intended to revive the earlier document. This intent can be shown through the terms or circumstances surrounding the later will, or other actions indicating the testator wanted the prior will to take effect again. If there’s no evidence of such intent, revival doesn’t occur, even if the earlier will is discovered. A new will isn’t required for revival, a court order isn’t the automatic trigger, and witness consent isn’t relevant to reviving the prior instrument.

Revival under the lost wills doctrine hinges on proof of the testator’s intent to revive the earlier will. When a prior will has been revoked by a later instrument or lost and later found, the court won’t automatically reinstate it; there must be clear evidence that the testator intended to revive the earlier document. This intent can be shown through the terms or circumstances surrounding the later will, or other actions indicating the testator wanted the prior will to take effect again. If there’s no evidence of such intent, revival doesn’t occur, even if the earlier will is discovered. A new will isn’t required for revival, a court order isn’t the automatic trigger, and witness consent isn’t relevant to reviving the prior instrument.