Alteration, Amendment, and Revocation of Wills Flashcards
What is a codicil?
A document supplementary to a will, which is executed with the same formalities under the Wills Act 1837 and adds to, varies, or revokes provisions in the will.
Can a will be revoked at any time before Testator’s death?
Yes
A will is generally automatically revoked when T gets what?
Married
What are the 2 requirements to avoid a will being automatically revoked after T gets married?
- T was expecting to marry that person when the will was made; and
- They intended that all/part of the will should not be revoked by that marriage
What happens to gifts to a former spouse if T divorces from their spouse after executing a will?
The gifts to the former spouse are revoked, but the remainder of the will is valid
What are 2 key requirements for a destruction of a will to act as valid revocation?
- Destruction must be by T, or someone acting at their direction in their presence
- T must have the intention to revoke at the time of destruction
What presumption is made if a will is found mutilated after T’s death?
That it was done so by T with the intention to revoke it, unless there’s evidence to the contrary
What is the doctrine of dependent relative revocation?
That a destroyed will might be given effect if it’s proved that its destruction was contingent on a future event that didn’t happen (e.g. the creation of a new will)
A new will revokes an earlier will to the extent that it’s __________ with the earlier will
inconsistent
What is a mutual wills?
Where there’s an agreement between 2 Testators (usually spouses) that the wills shall not be revoked
What happens if the second to die under a mutual wills revokes their will?
A constructive trust is placed on the estate in favour of any Bs harmed by the changes
