If a later will is revoked with the intent to revive an earlier will, which will controls the disposition of the estate?

• A. The later will controls.
• B. The earlier will is revived and controls.
• C. The revocation cancels both wills and intestacy applies.
• D. The estate escheats to the state.

Answer: (B)

The key idea is revival of an earlier will. When a later will is revoked with the intent to revive an earlier will, the law treats the earlier instrument as if the later one had never existed, so long as the earlier will is still valid and hasn’t itself been revoked. The testator’s intent to bring back the earlier will is crucial and guiding; courts look for clear evidence of that intent in the revocation. If that intent is found, the earlier will’s provisions govern the estate’s disposition. If no such intent is shown, revival may not occur. Therefore, the earlier will controls the disposition of the estate.