75-2-509 - Revival of revoked will.
75-2-509. Revival of revoked will.
(1) If a subsequent will that wholly revoked a previous will is thereafter revoked by arevocatory act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it isrevived. The previous will is revived if it is evident from the circumstances of the revocation ofthe subsequent will or from the testator's contemporary or subsequent declarations that the testatorintended the previous will to take effect as executed.
(2) If a subsequent will that partly revoked a previous will is thereafter revoked by arevocatory act under Subsection 75-2-507(1)(b), a revoked part of the previous will is revivedunless it is evident from the circumstances of the revocation of the subsequent will or from thetestator's contemporary or subsequent declarations that the testator did not intend the revoked partto take effect as executed.
(3) If a subsequent will that revoked a previous will in whole or in part is thereafterrevoked by another later will, the previous will remains revoked in whole or in part, unless it orits revoked part is revived. The previous will or its revoked part is revived to the extent it appearsfrom the terms of the later will that the testator intended the previous will to take effect.
Repealed and Re-enacted by Chapter 39, 1998 General Session