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s 16

Can a revoked will be revived?

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Part 2The making, alteration, revocation and revival of wills
Division 5Alteration, revocation and revival of wills

16 Can a revoked will be revived?

(1)

A will or part of a will which has been revoked is revived by re-execution or by execution of a codicil which shows an intention to revive the will or part.

(2)

A revival of a will which was partly revoked and later revoked as to the balance only revives that part of the will most recently revoked.

(3)

Subsection (2) does not apply if a contrary intention appears in the document which revives the will.

(4)

A will which has been revoked and later revived, either wholly or partly, is to be taken to have been executed on the date on which the will is revived.

S. 16(5) inserted by No. 11/2021 s. 85.

(5)

For the purposes of this section, a will or codicil may be executed or re-executed by using the remote execution procedure and that revived will or that codicil is a valid document.

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Wills Act 1997 s 16 — Can a revoked will be revived? (Victoria) — Barrister AI