Estate of Reap v. Malloy

In my view, the undisputed facts of this case support the trial court’s conclusion that the doctrine of implied revocation applies to revoke the decedent’s will. See D.C.Code § 18-109. The rule has developed in this jurisdiction that a divorce and property settlement or a divorce and adjudication of the parties’ property rights in the divorce action *332impliedly revokes a will executed during the marriage in favor of the testator’s former spouse. Estate of Liles, 435 A.2d 379, 381-82 (D.C.1981); Luff v. Luff, 123 U.S.App. D.C. 251, 253, 359 F.2d 235, 237 (1966). Under either theory, the will was…