A will can be revoked by physical act, such as destroying, tearing, or crossing out, only if it is accompanied by which element?

Prepare for the DET Grant Test with our comprehensive quiz. Enhance your study using flashcards and multiple choice questions, each question providing hints and detailed explanations to ensure success on your exam!

Multiple Choice

A will can be revoked by physical act, such as destroying, tearing, or crossing out, only if it is accompanied by which element?

Explanation:
Revoking a will by a physical act requires both the act and the testator’s intent to revoke. Destruction, tearing, or crossing out shows the act, but without the intention to revoke, the will isn’t considered revoked. The intent to revoke is what completes the process, turning the destructive act into a deliberate withdrawal of the will’s effects. The other options don’t fit because they relate to how a will is created or handled rather than how its revocation is accomplished. Execution by witnesses concerns formation and validity, not revocation, and delivering the will to the executor has no bearing on canceling its provisions.

Revoking a will by a physical act requires both the act and the testator’s intent to revoke. Destruction, tearing, or crossing out shows the act, but without the intention to revoke, the will isn’t considered revoked. The intent to revoke is what completes the process, turning the destructive act into a deliberate withdrawal of the will’s effects.

The other options don’t fit because they relate to how a will is created or handled rather than how its revocation is accomplished. Execution by witnesses concerns formation and validity, not revocation, and delivering the will to the executor has no bearing on canceling its provisions.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy