What does dependent relative revocation allow a court to do?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

Dependent relative revocation is a legal doctrine that allows a court to disregard a revocation of a will if it is established that the revocation was made due to a mistake of fact or law. This principle is particularly applicable when a testator revokes a will with the intention of creating a new will or codicil but then is unable to validate the new document.

For instance, if a testator believes that their new will will effectively replace their previous will but the new will is found to be invalid for some reason (such as lack of proper execution), dependent relative revocation permits the court to treat the earlier will as still valid. This is underpinned by the assumption that the testator did not genuinely intend to revoke their previous will if they believed the new will was valid.

This principle is instrumental in ensuring that a testator's true intentions are honored, especially in situations where mistakes occur. The other options presented do not correctly reflect what dependent relative revocation entails, focusing instead on different aspects of will and trust law that do not encompass the specific circumstances of misinterpretation of intent that the doctrine addresses.

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