Dependent Relative Revocation applies to revocation based on a mistake about revival. Which statement is correct?

• A. It applies
• B. It does not apply
• C. It applies only to foreign wills
• D. It replaces express revocation

Answer: (A)

Dependent Relative Revocation is a rule that comes into play when a testator revokes a will based on a mistaken belief about the revival of an earlier will. If the revocation was motivated by that mistaken belief and, in light of the mistake, the testator would have preferred the earlier will to be revived, the court treats the revocation as ineffective and revives the earlier will. That is why saying it applies to revocation based on a mistake about revival is correct: the doctrine directly addresses the scenario where the revocation rests on a false belief about revival and aims to honor the testator’s probable intent. It’s not limited to foreign wills, and it doesn’t replace express revocation; it operates to salvage the prior will when the revocation was prompted by the mistaken belief about revival.