Document Type
Article
Publication Date
2026
Publication Information
61 Real Prop. Tr. & Est. L.J. 1 (2026).
Abstract
From the Introduction
In a previous article, I documented the various problems that are created by the law’s recognition of the power of a testator to revoke his will in whole or in part by physical act. That article canvassed five different areas of law in which such difficulties arise: ineffective attempts at revocation; the presumption of revocation; partial revocation by physical act; dependent relative revocation; and revival. In this Article, I first explore the asymmetries within the law of wills created by the persistence of revocation by physical act. I then offer some reflections on possibilities for reform.
Recommended Citation
Barry Cushman,
Reforming Revocation by Physical act,
61 Real Prop. Tr. & Est. L.J. 1 (2026)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1973
Comments
See the previous article, The Pathologies of Revocation by Physical Act, 61 REAL PROP. TR. & EST. L. J. 273 (2025), in this repository.