Oliva-Foster v. Oliva
Court of Appeals of Indiana
880 N.E.2d 1223 (2008)
Patrick Oliva (Oliva) executed a will naming his wife, Judith, as the primary beneficiary and naming his daughter, his son’s two children, and Judith’s daughter as contingent beneficiaries. Oliva later executed a second will, this time including his son as a contingent beneficiary, along with Oliva’s daughter and Judith’s daughter. Immediately after returning home from executing the second will, Oliva instructed Judith to tear up his first will, which she did in his presence. Oliva died, and his second will was admitted to probate. Oliva and Judith’s children filed a will contest, alleging that the second will was invalid because it was improperly executed. The children further argued that Oliva’s first will had been revoked, and that under Indiana’s laws of intestate succession, Oliva’s estate should be divided between Judith and the children. Judith argued that even if the second will was invalid, the first will would be revived under the doctrine of dependent relative revocation. The trial could found in favor of Judith, and the children appealed.
Rule of Law
Holding and Reasoning (Barnes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.