نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسندگان English
A testator may revoke their will at any time during their lifetime. However, changes in circumstances at the time of the will and its subsequent revocation may suggest that the testator intends to retract the revocation and, consequently, revive the previously revoked will. Therefore, the central question is whether a testator can retract a revocation and thereby reinstate a will that was previously rendered void. This issue has been a subject of debate in Anglo-American common law since the 18th century, leading to various judicial approaches. In English law, since 1837, the ‘anti-revival’ doctrine has been applied, meaning that a revoked will cannot be revived unless the statutory formalities for executing a will are complied with or the will is revived through a codicil. Various practices regarding this matter have also been recognized across different U.S. states. Iranian law remains silent on this issue. Nevertheless, the principles of testamentary formality and the testator’s autonomy facilitate the adoption of the English approach within our legal framework. Ultimately, this article employs a descriptive-analytical and comparative approach to examine and analyze the subject matter.
کلیدواژهها English