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Dependent Relative Revocation in Oklahoma

Julia E. Swenton has recently published her note entitled The Missing Piece: The Forgotten Role of Testator Intent in the Application of the Doctrine of Dependent Relative Revocation in Oklahoma, 59 Okla. L. Rev. 205 (2006).

Here is the conclusion of her article:

As the Rolling Stones warn, desires and realities do not always match. Unfortunately, Oklahoma’s dependent relative revocation statute only exaggerates the disparity. Oklahoma’s statute has converted the intent-based doctrine of dependent relative revocation into the type of hyperformalistic doctrine it was designed to remedy. As it stands now, this statute works as a formalistic rule that prevents an appropriate dependent relative revocation analysis. Thus, the Oklahoma legislature should reform title 84, section 103. The Oklahoma judiciary should continue to approach dependent relative revocation analysis properly by considering testator intent until the Oklahoma legislature redrafts the statute to comport with other areas of wills law and the common law approach to dependent relative revocation. In this way, dependent relative revocation can continue to help those testators who “can’t always get what [they] want” to nonetheless “get what [they] need.”

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