Presumed revocation with intent can occur when:

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Presumed revocation with intent can occur when:

Explanation:
Presumed revocation with intent occurs when a will cannot be found after the testator’s death and it was last seen in the testator’s possession. That combination creates a strong presumption that the testator destroyed the will with intent to revoke it, so the will is treated as revoked unless proven otherwise. This matches the scenario where the will “cannot be found and last seen in testator's possession.” If the will is damaged but still last seen with the testator, or if it’s last seen with a beneficiary, or found in a safe deposit box, none of those situations by themselves create the same presumption of intentional revocation.

Presumed revocation with intent occurs when a will cannot be found after the testator’s death and it was last seen in the testator’s possession. That combination creates a strong presumption that the testator destroyed the will with intent to revoke it, so the will is treated as revoked unless proven otherwise.

This matches the scenario where the will “cannot be found and last seen in testator's possession.” If the will is damaged but still last seen with the testator, or if it’s last seen with a beneficiary, or found in a safe deposit box, none of those situations by themselves create the same presumption of intentional revocation.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy