Effective - 01 Jan 1981
474.410. Revocation of subsequent will also revokes first will — exception. — 1. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 474.400, the first will is revoked in whole or in part, unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.
2. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
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(RSMo 1939 § 525, A.L. 1955 p. 385 § 270, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 524; 1919 § 513; 1909 § 543
Effective 1-01-81
(1961) Where will gave to the surviving spouse such part of his estate as under the laws of the state his wife would be entitled, she would receive such part under the will notwithstanding that the parties had entered into a property settlement the day before the decedent died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53.
(1964) This statute held to have revoked reciprocal wills of husband and wife which were executed and a divorce obtained prior to effective date of the statute where part performance on part of wife of alleged parol agreement to keep wills in force and not revoke them was insufficient to remove alleged oral agreement from operation of statute of frauds and the application of this revocation section. Rookstool v. Neaf (Mo.), 377 S.W.2d 402.
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 474 - Probate Code — Intestate Succession and Wills
Section 474.010 - General rules of descent.
Section 474.020 - Lineals take per capita and per stirpes, when.
Section 474.030 - Partial intestacy.
Section 474.040 - Collaterals of half blood inherit, how.
Section 474.050 - Posthumous children to inherit.
Section 474.070 - Legitimation by marriage.
Section 474.080 - Issue of void or dissolved marriage, legitimate.
Section 474.090 - Advancements counted against share, when — evaluation.
Section 474.100 - Alienage no bar to descent.
Section 474.110 - Curtesy and dower abolished.
Section 474.120 - Inheritance and statutory rights deemed waived, when.
Section 474.130 - Estate conveyed determines on failure of contractual bar.
Section 474.140 - Inheritance and statutory rights barred on misconduct of spouse.
Section 474.150 - Gifts in fraud of marital rights — presumptions on conveyances.
Section 474.160 - Election by surviving spouse to take against will, effect.
Section 474.163 - Valuation of estate, how determined.
Section 474.170 - Notice of right to elect.
Section 474.180 - Time for making of election.
Section 474.190 - Form of election, filing.
Section 474.200 - Right of election personal to surviving spouse.
Section 474.220 - Waiver of right to elect.
Section 474.230 - Effect of failure to elect to take against will.
Section 474.235 - Share of omitted spouse.
Section 474.240 - Share of omitted children, how determined.
Section 474.250 - Exempt property of surviving spouse or minor children.
Section 474.270 - Exempt property applied for, when.
Section 474.280 - Proceeds of sale of exempt property paid over, when.
Section 474.290 - Homestead allowance — partition of real estate selected, procedure — waiver.
Section 474.310 - Who may make will.
Section 474.320 - Will form, execution, attestation.
Section 474.330 - Who may witness will — effect of interest in will.
Section 474.333 - Will may provide for disposal of personal property by separate list.
Section 474.337 - Written will self-proved, how.
Section 474.340 - Nuncupative wills.
Section 474.350 - Revocation of nuncupative will.
Section 474.360 - Written will valid if executed in compliance with law.
Section 474.370 - Foreign wills, recorded when, evidence.
Section 474.380 - Probate of foreign wills.
Section 474.382 - Wills and trusts, English translation required, costs.
Section 474.390 - Contest of foreign will.
Section 474.395 - No-contest clauses, application of, petition may be filed — definition.
Section 474.400 - Revocation of wills.
Section 474.410 - Revocation of subsequent will also revokes first will — exception.
Section 474.420 - Change in circumstances — divorce.
Section 474.430 - Court to conform to directions of will.
Section 474.435 - Class gift terminology includes certain persons and relationships, how determined.
Section 474.440 - Bond to convey does not revoke devise.
Section 474.450 - Encumbrance does not revoke devise — exoneration, when.
Section 474.460 - Testator surviving devisee, effect.
Section 474.463 - Exchange of securities not to adeem specific legacy.
Section 474.465 - Failure of devise to become part of residue.
Section 474.470 - Rule in Shelley's case abolished, effect.
Section 474.480 - Devise deemed to convey fee simple, when.
Section 474.500 - Wills of land to be recorded, where.
Section 474.510 - Deposit of will in court in testator's lifetime.
Section 474.520 - Construction of will.
Section 474.530 - Wills heretofore probated, effect — evidence.