Trusts and Estates

Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 2, 2024

THE REVOCATION ROADMAP: HOW TO NAVIGATE PRESUMPTIONS OF WILLS

Written by Julie R. Woods, Esq.*

I. INTRODUCTION

Synthesizing revocation statutes enables one to see an if-then roadmap for a contested proceeding in which parties dispute whether a testator may have revoked a will.01 Whether there are detours, unexpected delays, or forks in the road, a savvy probate litigator may navigate the if-then turns for either admittance or blockage of a decedent’s will from admission to probate.02 The directions may vary, but the destination is the same; achieving a final determination from the court.03 Through this article, the author maps out a smoother ride for probate litigators and eases traffic congestion in the courts.

II. DIRECTIONS TO PREVENT PROCEEDINGS FROM GOING SOUTH

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