75-2-509. Revival of revoked will.
(1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a
revocatory act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it is
revived. The previous will is revived if it is evident from the circumstances of the revocation of
the subsequent will or from the testator's contemporary or subsequent declarations that the testator
intended the previous will to take effect as executed.
(2) If a subsequent will that partly revoked a previous will is thereafter revoked by a
revocatory act under Subsection 75-2-507(1)(b), a revoked part of the previous will is revived
unless it is evident from the circumstances of the revocation of the subsequent will or from the
testator's contemporary or subsequent declarations that the testator did not intend the revoked part
to take effect as executed.
(3) If a subsequent will that revoked a previous will in whole or in part is thereafter
revoked by another later will, the previous will remains revoked in whole or in part, unless it or
its revoked part is revived. The previous will or its revoked part is revived to the extent it appears
from the terms of the later will that the testator intended the previous will to take effect.
Repealed and Re-enacted by Chapter 39, 1998 General Session
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Last revised: Thursday, May 28, 2009