Which action would mean Pedro's existing Will is destroyed under the described circumstances?

Which action would mean Pedro's existing Will is destroyed under the described circumstances?

• A. The receptionist cuts up the Will in front of him
• B. The lawyer destroys it without consent
• C. The Will is destroyed automatically after a set period
• D. The executor destroys it with permission

Answer: (A)

The key idea is revocation by destruction. A Will can be revoked if the original document is physically destroyed, as long as that destruction is done by the testator or by someone else in the testator’s presence and at their direction. Here, the receptionist cuts up the Will in front of Pedro, which demonstrates destruction carried out with Pedro’s awareness and direction. That destruction extinguishes the validity of the existing Will, so it’s revoked. The other scenarios don’t show proper revocation: destruction by a lawyer without Pedro’s consent isn’t in line with the testator’s direction; there’s no rule that a Will automatically ends after a set time; and while an executor destroying it with permission could revoke it, it hinges on having Pedro’s direction in the presence, which the first scenario explicitly demonstrates.

The key idea is revocation by destruction. A Will can be revoked if the original document is physically destroyed, as long as that destruction is done by the testator or by someone else in the testator’s presence and at their direction. Here, the receptionist cuts up the Will in front of Pedro, which demonstrates destruction carried out with Pedro’s awareness and direction. That destruction extinguishes the validity of the existing Will, so it’s revoked.

The other scenarios don’t show proper revocation: destruction by a lawyer without Pedro’s consent isn’t in line with the testator’s direction; there’s no rule that a Will automatically ends after a set time; and while an executor destroying it with permission could revoke it, it hinges on having Pedro’s direction in the presence, which the first scenario explicitly demonstrates.