In dependent relative revocation, when is the revocation not effective?

• A. When the intention to revoke is conditional and the condition is not fulfilled.
• B. When the testator revokes due to divorce.
• C. When the testator revokes and later re-executes the same will.
• D. When the testator revokes a will by physical act.

Answer: (A)

Dependent relative revocation rests on the idea that a testator’s revocation was conditional, tied to the supposed effect of another instrument or event. The revocation is treated as dependent on that condition. If the condition does not occur or the alternative disposition would not have taken effect, the revocation is not effective, and the prior will is revived.

So, the revocation isn’t effective when the testator’s intention to revoke was conditional and the condition isn’t fulfilled. For example, if the testator revokes the will hoping a newer will would take effect only if some event occurs, and that event does not happen (or the newer will wouldn’t have taken effect anyway), the revocation fails to extinguish the old will, which is revived.

Divorce, re-executing the same will, or revoking by a simple physical act involve different rules or timelines and don’t hinge on the conditional, dependent reasoning that DRR requires.