Legal Definitions - ineffective revocation

Definition: Ineffective revocation is a legal term that refers to the dependent relative revocation doctrine. This doctrine is a common-law principle that operates to undo an otherwise sufficient revocation of a will when there is evidence that the testator's revocation was conditional rather than absolute.

For example, if a testator physically revokes their will and believes that a new will is valid, although this belief is mistaken, the doctrine of ineffective revocation may apply. The doctrine undoes only the revocation, but it does not always accomplish the testator's intent or validate an otherwise invalid will.

The dependent relative revocation doctrine is also known as conditional revocation, mistakenly induced revocation, or the doctrine of ineffective revocation.

Examples:

• A testator revokes their will because they believe that a new will is valid, but the new will is not properly executed. The doctrine of ineffective revocation may apply to undo the revocation of the original will.
• A testator revokes their will because they believe that a beneficiary has died, but the beneficiary is actually alive. The doctrine of ineffective revocation may apply to undo the revocation of the original will.

These examples illustrate how the doctrine of ineffective revocation operates to undo a revocation that was conditional or based on mistaken beliefs. The doctrine aims to ensure that the testator's true intentions are carried out, even if they made a mistake in revoking their will.