Alabama § 43-8-138 When Will Revived on Revocation of Subsequent Will

Alabama Statutes

§ 43-8-138 — When Will Revived on Revocation of Subsequent Will

Alabama § 43-8-138

JurisdictionAlabama

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 7Wills Generally

Div. 1Execution of Will

This text of Alabama § 43-8-138 (When Will Revived on Revocation of Subsequent Will) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-8-138 (2026).

Text

(a)If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 43-8-136, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator’s contemporary or subsequent declarations in writing, signed by the testator and attested as prescribed in Section 43-8-131, that he or she intended the first will to take effect as executed.

(b)If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator int

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 43-8-136, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator’s contemporary or subsequent declarations in writing, signed by the testator and attested as prescribed in Section 43-8-131, that he or she intended the first will to take effect as executed.
(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.