Dependent Relative Revocation – Returning it to its Roots

FrankL Schiavo (Associate Professor of Law, Barry University Dwayne O. AndreasSchool of Law) has published his article, Dependent Relative Revocation HasGone Astray: It Should Return to its Roots, in 13 Widener L. Rev. 73 (2006).

Here is the conclusion:

The term DRR has been around formore than two hundred years and there is probably no inclination to restrictits use. Courts will probably not ever take Professor Warren’s advice to doaway with the appellation. And perhaps, courts will continue to expand thedoctrine resulting in more confusion. The Restatement (Third) of Property ‘ 4.3(1998) renames DRR the Doctrine of Ineffective Revocation, but note that it isrevocation that is still emphasized. Perhaps a better appellation would be theDoctrine of Retroactive Revival, since it can be seen from the Flow Chart thatthe most important decision is whether the first will can be revived, notwhether its revocation can be rescinded. Hopefully, the Flow Chart will aid inthe proper analysis of the issues and limit the doctrine’s applicability to theproper situation.