What is the conditional revocation rule?

Asked by: Darien Koepp  |  Last update: February 9, 2026
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The conditional revocation rule, also known as Dependent Relative Revocation (DRR), is a legal doctrine in wills and estates that says if a person revokes an old will only because they believe a new one is valid, the revocation of the old will is ineffective if the new one fails. Essentially, the old will is revived to prevent the person from dying intestate (without a will), as it's presumed the testator would have preferred the old will over having no will at all.

What is a conditional revocation?

If a testator revokes the Will and that revocation is shown to be subject to a condition, the revocation is ineffective if the condition is not satisfied. Revocation will not be held to be conditional unless there is clear evidence what the testator intended.

What does revocation of conditional release mean?

The official who grants conditional release, usually a criminal court judge, is also the person who may revoke the release. Throughout the United States, revocation usually requires that the individual simply violate the order of conditions for the release; one exception is in New York, as noted above.

What evidence is needed for revocation?

Evidence for revocation (like probation or parole) requires proving, by a "preponderance of the evidence" (more likely than not), that conditions were violated, using less formal evidence than trials, such as officer reports, test results, or witness statements, to show violations like new crimes, missed appointments, or failed drug tests. The key is showing the violation occurred, with the standard of proof being lower than "beyond a reasonable doubt". 

What is the general rule of revocation?

REVOCATION. Revocation means an offer is withdrawn by the offerer. The general rule was established in Payne v Cave [1] that an offer can be revoked at any time before acceptance takes place. However, the revocation must be communicated effectively directly or indirectly to the offeree before acceptance [2] .

What Is Revocation In Contract Law? - CountyOffice.org

40 related questions found

What are the three types of revocation?

Types of Revocation

Intentional revocation. Revocation by operation of law. Mutual cancellation by both parties. Revoking an offer before it is accepted.

Can an offer be withdrawn after acceptance?

If the candidate doesn't meet these conditions, you're generally within your rights to withdraw the offer. Unconditional job offers, on the other hand, are legally binding as soon as the candidate accepts. That means if you change your mind afterwards, you could face legal consequences—such as breach of contract.

What are the grounds of revocation?

Section 64: Grounds for Revocation

1. Invention is obvious and lacks an inventive step or utility. 2. Invention isn't new and has been publicly used or published in India before the priority date.

What are the consequences of revocation?

The consequences of revocation vary by context (probation, license, contract) but generally involve the cancellation of privileges, potential legal penalties like jail time or fines, financial losses, and operational disruptions, with specific impacts including imprisonment for probation violations, license termination, or contract disputes, requiring reapplication or legal action to resolve. 

Which standard of proof is used at revocation hearings?

(2) The probation officer or prosecuting attorney must prove the alleged violation by a preponderance of the evidence.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

What does conditional revocable release mean?

A revocable or conditional release means you will be sent back to prison or jail to finish out your sentence if you violate the terms of your probation. These terms can include: Completing educational requirements. Attending alcohol or drug treatment. Paying restitution to the victims of your crime.

How much jail time do you get for violating parole?

If you are found to have violated a condition, your parole can be revoked, and you can be reincarcerated for up to one year. You could also face new criminal charges if your violation was related to the commission of a new crime.

What is the biggest mistake with wills?

“The biggest mistake people have when it comes to doing wills or estate plans is their failure to update those documents. There are certain life events that require the documents to be updated, such as marriage, divorce, births of children.

What are the three ways a trust can be terminated?

A trust typically ends through its terms (purpose fulfilled or time expires), by agreement of all parties (beneficiaries and sometimes the creator), or by a court order due to changed circumstances, impossibility, illegality, or impracticality, often involving the trustee petitioning the court or beneficiaries consenting. 

What makes a will uncontestable?

Include a No Contest Clause in the Will

Another strategy to avoid a Will contest includes a “no-contest” or “in terrorem” clause in your Will. A typical “no-contest” clause states that if an heir challenges your Will and loses, then he or she gets nothing.

What are the two types of revocation?

The two main types of revocation often discussed in law, especially concerning wills and contracts, are revocation by act (or subsequent writing) and revocation by operation of law, with revocation by act including physical destruction or a new document, while operation of law involves automatic changes due to life events like divorce or birth, with other categories like voluntary/statutory in water rights or CRL/OCSP in digital certificates also existing depending on context. 

How long do you sit in jail for probation revocation?

The amount of time you spend in jail for a probation violation depends on several factors. In some cases, you may be released within hours on bond. However, if the court decides to hold you, you can remain in jail for days or even weeks before a judge reviews your case.

What does revocation mean in court terms?

revocation. n. 1) mutual cancellation of a contract by the parties to it. 2) withdrawing an offer before it is accepted ("I revoke my offer"). 3) cancelling a document before it has come into legal effect or been acted upon, as revoking a will.

Who can file a revocation petition?

A patent can be revoked on petition of any person interested or of the Central Government or on a counter claim in a suit for infringement of the patent by the High Court.

What is an example of revocation in law?

This can apply to various situations, such as revoking a person's driving privileges due to repeated violations or rescinding an immigrant's citizenship following a criminal conviction. In adoption law, revocation specifically pertains to a birth parent's ability to nullify their prior consent to an adoption.

What is revocation in simple words?

Revocation is a noun form of the verb revoke, which means to take back, withdraw, or cancel. Revoke and revocation are typically used in the context of officially taking back or cancelling some kind of right, status, or privilege that has already been given or approved.

What is the 3 month rule in a job?

The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI). 

What are the six ways an offer can be terminated?

Termination of the offeree's power of acceptance can result from any of the following six causes:

  • expiration or lapse of the offer,
  • rejection by the offeree,
  • a counteroffer by the offeree,
  • a qualified or conditional acceptance by the offeree,
  • a valid revocation of the offer by the offeror, and.
  • by operation of law.

Does a conditional offer mean I got the job?

' A conditional employment offer is a job offer that you can receive from an employer who requires you to meet certain criteria or requirements before officially giving you the job.