§ 30.1-08-09 — (2-509) Revival of revoked will

1. If a subsequent will that wholly revoked a previous will is thereafter revoked by a
revocatory act under subdivision b of subsection 1 of section 30.1-08-07, 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 subdivision b of subsection 1 of section 30.1-08-07, 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.