§ 15-11-509 — Revival of revoked will

(1) If a subsequent will that wholly
revoked a previous will is thereafter revoked by a revocatory act under section 15-11-507 (1)(b), 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.

(2) If a subsequent will that partly revoked a previous will is thereafter
revoked by a revocatory act under section 15-11-507 (1)(b), a 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.

(3) If a subsequent will that revoked a previous will in whole or in part is
thereafter revoked by another, later will, the previous will remains revoked in whole
or in part, unless it or its revoked part is revived. 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.

Legislative History

Source: L. 94: Entire part R&RE, p. 1001, � 3, effective July 1, 1995.