What is the doctrine of revocation?
Asked by: Naomie Hand | Last update: February 19, 2026Score: 4.6/5 (26 votes)
The doctrine of revocation, primarily known as Dependent Relative Revocation (DRR) in estate law, holds that if a person revokes a prior will (or trust) based on the mistaken belief that a new one is valid, the revocation is ineffective, and the previous document is revived, preventing intestacy (dying without a valid will). Essentially, the court presumes the testator would rather have the old, valid will than no will at all, treating the revocation as conditional on the new will's success.
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 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 meaning of deed of revocation?
A revocation of Power of Attorney, also referred to as a deed of revocation, is a legal document that is signed by the person who granted the power of attorney. The document ends the responsibilities given to the attorney in the original LPA document meaning the attorney can no longer make decisions on their behalf.
What are common reasons for revocation hearings?
There are several reasons why an individual might be subject to a probation revocation defense hearing. This could include violations such as breaking laws, missing court dates or appointments, failing drug tests, and not keeping up with community service requirements.
Dependent Relative Revocation
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.
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.
What does revocation mean legally?
Revocation is an annulment or cancellation of a statement or agreement. In the context of contracts, revocation may refer to the offeror canceling an offer.
How difficult is it to remove someone from a deed?
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
Can someone with dementia revoke a power of attorney?
If the person living with dementia no longer has the mental capacity to make such decisions, they cannot legally change their POA or appoint a new agent. In these advanced stages, family members may need to seek a guardianship or conservatorship. This process is more complex, lengthy, and potentially expensive.
What is the first stage of the revocation hearing?
Preliminary and revocation hearings are conducted in two phases. The first (allegation) phase is limited to presenting evidence for alleged violations. The hearing does not proceed to the second phase unless an applicable level of proof is found for at least one violation.
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 is another word for revocation?
Common synonyms for revocation (the act of canceling) include cancellation, repeal, abrogation, rescission, annulment, and withdrawal, all referring to ending or invalidating something previously granted or agreed upon, like a law, privilege, or contract.
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 a violation of revocation?
Non-compliance with Court Orders
Failing to comply with court orders such as unpaid fines, incomplete community service, or failure to attend mandatory programs (e.g., substance abuse or anger management) can also result in revocation.
What is the key revocation process?
Key revocation strategy is a plan or procedure that outlines how cryptographic keys are invalidated or deactivated in a secure manner when they are compromised, lost, or no longer needed. This strategy helps ensure the integrity and confidentiality of data by preventing unauthorized access to encrypted information.
How long can a deceased person's name stay on a house deed?
A house can technically stay in a deceased person's name for a very long time, even decades, if the estate isn't probated or managed, but it's legally problematic and creates issues with insurance, mortgages, taxes, and clear title transfer. Ownership must eventually pass via probate (court-supervised) or other legal means (like trusts or joint ownership with right of survivorship), requiring a new deed filed with the county recorder to legally transfer it to heirs or beneficiaries.
What are the common reasons to remove a name from a deed?
Common reasons to remove a name from a deed include divorce or separation, the death of a co-owner, estate planning (like adding a trust), refinancing where a spouse is removed, resolving disputes, or simply a change in ownership plans, often using a quitclaim deed to transfer interest to remaining owners.
What are the legal consequences of revocation?
A revoked probation can result in a permanent mark on the individual's criminal record, affecting their ability to secure employment, housing, and other opportunities. It can also lead to additional legal challenges, such as new charges or increased scrutiny from law enforcement.
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.
What is a revocation on court records?
Parole. The conditional release of a prisoner before completing their sentence, often with specific requirements. Revocation. The act of canceling probation or parole due to violations of its terms.
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.
What are the conditions for revocation?
Section 5 of the Indian Contract Act, 1872 states that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Section 4 of the Indian Contract Act provides details on when the communication of revocation is considered complete.
Is revocation an operation of law?
Types of revocation:
Intentional revocations, which is when a party voluntarily revoked the contract. By operation of law, meaning that the law automatically revoked the contract. Mutual cancellation, which is when both parties choose to cancel the contract. Revoking an offer before it is accepted.