ABSTRACT
This article is a companion piece to ‘The Pathologies of Revocation by Physical Act’. There 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.
Cushman, Barry, Reforming Revocation by Physical Act (June 24, 2025), Real Property Trust & Estate Law Journal, volume 61, no 1 (forthcoming, 2026).
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