Revocation of subsequent will also revokes first will
When someone makes a new will that cancels an old will, then later destroys or cancels that new will, the old will usually stays canceled too. The old will only comes back into effect if there is clear evidence the person wanted it to count again. If a third will cancels the second will, the old first will is also still canceled, unless the third will says otherwise.
474.410. of subsequent will also first will — . — 1. If a second will, which, had it remained effective at death, would have the first will in whole or in part, is thereafter revoked by acts under section 474.400, the first will is revoked in whole or in part, unless it is evident from the circumstances of the revocation of the second will or from 's contemporary or subsequent declarations that he intended the first will to take effect as .
2. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
(RSMo 1939 § 525, A.L. 1955 p. 385 § 270, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 524; 1919 § 513; 1909 § 543
Effective 1-01-81
(1961) Where will gave to the such part of his as under the laws of the state his wife would be entitled, she would receive such part under the will that the parties had entered into a property settlement the day before the died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53.
(1964) This statute held to have revoked reciprocal wills of husband and wife which were executed and a divorce obtained prior to of the statute where part performance on part of wife of alleged parol agreement to keep wills in force and not them was insufficient to remove alleged oral agreement from operation of statute of frauds and the of this revocation section. Rookstool v. Neaf (Mo.), 377 S.W.2d 402.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.