Delaware Wills and Trusts Practice Test

When a second will is executed and subsequently canceled, the status of the first will can be impacted by a few key factors regarding wills and their revocation. Generally, a will remains valid unless there is a clear indication that it has been revoked. In this scenario, since the second will was canceled before the testator's death, it does not constitute a valid revocation of the first will. Therefore, the first will remains effective, meaning it retains its validity and can be probated after the testator's passing.

The reasoning behind this principle is tied to the legal requirement for revoking a will: a later will generally revokes an earlier one only if it is executed in compliance with relevant formalities. Since the second will was canceled before the testator's death, it lacked the legal effect necessary to revoke the first will. Hence, the first will, which was properly executed, is still valid and can be introduced during the probate process. This understanding emphasizes the importance of how wills must be treated upon the execution or cancellation of subsequent documents in estate planning.