Under a majority-rule jurisdiction, when a later will is revoked with the intent of reviving the prior will, what is the effect?

• A. Revive the prior will.
• B. Terminate the prior will.
• C. Retain the later will.
• D. Void all wills.

Answer: (A)

When a later will is revoked with the explicit purpose of bringing back the earlier will, the later revocation is treated as an act to revive the prior instrument. Under the majority rule, that intent means the prior will is brought back into effect, as if it had never been revoked, assuming the prior will is still valid and not otherwise revoked. The testator’s expressed desire to revive the earlier plan guides the outcome, so the prior will becomes active again in governing the estate.

If there were no intent to revive, or if the revocation of the later will was for a different reason, revival wouldn’t occur. But with the stated intent to revive, the effect is to restore the prior will.