Arizona Laws 14-2509. Revoking a subsequent will; effect; reviving a revoked will; requirements
A. If a testator revokes a subsequent will that wholly revoked a previous will under section 14-2507, subsection A, paragraph 2, 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.
Terms Used In Arizona Laws 14-2509
- Testator: A male person who leaves a will at death.
- Testator: includes a person of either sex. See Arizona Laws 14-1201
- Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Arizona Laws 14-1201
B. If a testator revokes a subsequent will that partly revoked a previous will under section 14-2507, subsection A, paragraph 2, the 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.
C. If a testator revokes a subsequent will that revoked a previous will in whole or in part by another later will, the previous will remains revoked in whole or in part, unless the testator revives it or its revoked part. 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.