If a testator destroys a later will intending to revive an earlier will, which instrument governs the distribution?

• A. The later will governs.
• B. The earlier will governs.
• C. Both wills govern.
• D. Intestate rules apply.

Answer: (B)

Destruction of a later will with the intent to revive an earlier one signals revival of that earlier instrument, provided the earlier will itself has not been revoked by another act. When the later document is effectively canceled and there’s no surviving revocation of the earlier will, the terms of the earlier will govern the distribution. In this scenario, the testator’s action and intent bring the earlier will back into effect, so the estate is distributed according to the earlier will rather than the later one or intestate rules. If the earlier will had been revoked by another instrument, revival wouldn’t occur automatically without showing the testator’s intent to revive; but with the described intent to revive and no intervening revocation, the earlier will governs.