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REVOCATION OF WILL

Summary/Abstract: Revocation of will is a constituent part of the testator’s freedom of disposition by will and represents the recognition of his right to change his mind, that is his will. This work analyzes two segments of this broad theme: the effects and the methods of will revocation. Defining the revocation of will as a one-sided declaration of will by which the testator nullifies, that is terminates the previous will as a legally binding document, or just a part of it, the author concludes that the revocation of will deserves a separate legal categorization, different from invalid or unenforceable wills. As for the time when the legal effects of will revocation come into force, they become effective immediately, in the moment when the act of revocation has been executed and these effects should be distinguished from the effects of will. As for the methods of will revocation, there are two models in European continental law which are the subject of the author’s analysis – the revocation of will by replacing the former will by a new one or by its physical distraction, as well as another one which is specific for common law systems – revocation of will by operation of law. Pointing out to advantages and disadvantages of each of these models, the authors eventually favors the model of express formal will revocation because it leaves no space for ambiguity. The author considers legal revocation of will as an artificial creation due to its discord with legal nature of testament and believes that the purpose of its introduction - securing the rights of certain categories of heirs – can be realized by applying other legal institutes, such as the forced share.

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