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Formal Execution And Informal Revocation: Manifestations Of Probate's Family Protection Function, Mark Glover

Mark Glover

Wills must be formally executed. To execute a valid will, a testator generally must comply with a formal process that requires a will to be written, signed by the testator, and attested by two witnesses. By contrast, wills may be informally revoked. The testator may revoke a will simply by destroying it. Although this inconsistency has largely been overlooked, this article argues that both the formal will-execution process and the informal will-revocation process are mechanisms by which the law of wills attempts to protect families. A formal will-execution process protects the decedent’s family members primarily by making it difficult for …