How can a prior will be revived after it was revoked by a later will?

• A. Executing a codicil that incorporates the provisions of the will by reference.
• B. A writing executed with the will formalities declaring a revival of the old will.
• C. Re-execution and re-attestation of the prior will.
• D. All of the above.

Answer: (D)

Revival happens when the testator wants the earlier will, which was revoked by a later one, to come back into effect. In New York, this can be accomplished in several ways, as long as the act shows the testator’s intent and complies with will formalities.

First, a codicil can republish or reinstate the older will by incorporating or restating its provisions. If the codicil treats the old will as still in force or expressly reincorporates its terms, the prior will can be revived.

Second, a separate writing that itself is executed with proper will formalities and declares the revival of the old will can accomplish revival. This instrument stands on its own as a testamentary act that brings the earlier provisions back.

Third, re-executing and re-attesting the prior will creates a fresh valid execution of the same instrument, which effectively revives it if the testator intended to restore the prior will’s effects.

Because each of these pathways can validly revive a previously revoked will, all of the above is the correct approach.