If there is no intent to destroy a will, can it still probate despite a presumed revocation?

If there is no intent to destroy a will, can it still probate despite a presumed revocation?

• A. No, it cannot probate.
• B. Yes, it can probate.
• C. Only if duplicates exist.
• D. Only if revived.

Answer: (B)

Presumptions about revocation are rebuttable. A will may be presumed revoked if the circumstances suggest destruction or cancellation, but that presumption does not fix the outcome if there’s no intent to destroy. The testator’s intent governs the validity of the will, and the court can admit the will to probate if evidence shows the testator did not intend to revoke it. So even though there’s a presumption of revocation, it can be overcome by proof that the will was still intended to be in effect at death. Duplicates aren’t required, and revival of a separate later will isn’t necessary to probate the earlier one; those are separate concepts that may matter in other contexts.

Presumptions about revocation are rebuttable. A will may be presumed revoked if the circumstances suggest destruction or cancellation, but that presumption does not fix the outcome if there’s no intent to destroy. The testator’s intent governs the validity of the will, and the court can admit the will to probate if evidence shows the testator did not intend to revoke it.

So even though there’s a presumption of revocation, it can be overcome by proof that the will was still intended to be in effect at death. Duplicates aren’t required, and revival of a separate later will isn’t necessary to probate the earlier one; those are separate concepts that may matter in other contexts.