I don’t know of any authority to support Professor Kerridge’s comment cited by Paul that no trust arises on the first death but only if the surviving spouse had notice of the revocation.
My understanding is that no trust arises where revocation has occurred prior to the first death irrespective of whether the surviving spouse had notice thereof. As per my earlier post, lack of knowledge of the revocation may mean that the survivor was unaware that revocation was possible on her part, but a right to sue for breach of contract arises.
Malcolm Finney