Conditional Revocation Flashcards
1
Q
What is conditional revocation rule?
A
Revocation of a will only operates if a specified condition is fulfilled.
Testator makes a new will but it is invalid so old will remains valid
Doctrine of dependent relative revocation
2
Q
Main case of conditional revocation
A
Re Jones 1976
3
Q
What questions were asked in the case of Re Jones 1976
A
Was there an intention to revoke
Was the intention qualified
Nature of qualification
Condition of contingency fulfilled?
4
Q
Another case where conditional revocation was considered
A
Re Finnemore (Deceased) 1992
Only part of first will revoked
5
Q
Case of mistake revocation
A
In the Estate of Southerden 1925
Thought wife would inherit estate under intestacy
