Understanding Non Refert Verbis An Factis Fit Revocatio in Law
Definition & meaning
The phrase "non refert verbis an factis fit revocatio" translates to "it does not matter whether a revocation is effected by words or by acts." This legal maxim indicates that the method of revocation"whether spoken or performed through actions"is irrelevant; what matters is the intention to revoke. This principle is often applied in various legal contexts to determine the validity of revocations in contracts, wills, and other legal documents.
Legal use & context
This maxim is commonly used in contract law and estate planning. It emphasizes that a party can revoke an agreement or a legal document through either verbal communication or physical actions. For instance, in the context of wills, a testator may revoke a previous will by creating a new one or by physically destroying the old one. Users can manage these processes themselves using legal templates available through resources like US Legal Forms, which provide guidance on drafting revocations correctly.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who has created a will may decide to revoke it by drafting a new will that states the previous one is no longer valid.
Example 2: A business partner may verbally inform their partner that they are withdrawing from a partnership, thereby revoking their participation. (hypothetical example)