Revocation

Question 1

Which act deals with revocation of wills

Answer 1

s20 Wills Act 1837

Question 2

What is defined by destruction

Answer 2

Burning

Tearing

Otherwise destroying with intention to revoke

Question 3

Latin for destroy?

Answer 3

Animus Revocandi

Question 4

Leading case of revocation

Answer 4

Cheese v Lovejoy 1877

‘All the destroying in the world without intention will not revoke a will, nor all the intention in the world without destroying. There must be the two’ James LJ

Question 5

Case reinforcing that the destruction must be actual and not symbolic

Answer 5

Stephens v Taprell 1840

Question 6

Case where act of destruction need not destroy

Answer 6

Hobbs v Knight 1838 - sufficient damage to impair the entirety of the will. Essence destroyed when testator cut out his signature

Re Adams 1990 - signatures of testator and witnesses scored out - sufficient damage

Question 7

Can someone else destroy the will?

Name a case

Answer 7

As longs as it is in front of the testator and by his direction

Gill v Gill 1909 - Husband and wide row. No simultaneous intention

Question 8

Case by accident

Answer 8

Re Booth 1926

Fire - no intention

Question 9

Two circumstances where court will presume the testator has destroyed the will with the intention to revoke

And cases

Answer 9

Will cannot be found after reasonable searches but last know in testators possession

Sugden v Lord St Leonards 1876

Will found in a mutilated condition at time of testators death and in their possession. Presumption revoked

Lambell v Lambell 1831