Chapter 4: Revocation of wills Flashcards
(21 cards)
what is revocation?
The ENTIRE will shall have NO EFFECT.
what is a mutual will?
made by 2 people who agree joint property to be left in a certain way to certain people.
what happens when 1 person dies who made a mutual will?
may not be possible to revoke
what are the only methods of revocation?
Marriage or civil partnership - automatic
Making another will / codicil
‘Some writing’
Destruction
which method of revocation does not require mental capacity?
marriage/ civil partnership
what is the principle of revocation when a person marries?
will is automatically revoked.
what are the only exceptions to stop revocation on marriage?
Marriage to a particular person
Does not want the marriage to revoke the will.
what happens to a gift when there is divorce/ dissolution
all void
what is express revocation?
sets out in plain words the intention of a new will is to revoke any previous wills
when can a new will not expressly revoke an old will?
fails to meet a requirement = invalid
what is implied revocation?
made a new will with no express revocation clause but there are contradictory provisions to original will.
when will the court allow implied revocation
clear intention
old will is lost/ destroyed AND evidence a new will was properly executed
what is the condition for ‘some writing’ to be allowed for revocation
Writing of revocation must be executed the same as a will
what is key for destruction of a will to succeed for revocation
intention to revoke - no doubt they intended it not to be effective.
what happens if there is partial destruction?
remains partly effective
what PARTS of a will must be destroyed for the whole will to be revoked?
signature of testator
both signatures of witnesses
what happens if part of a will is destroyed?
- Parts removed but provision makes sense?
- Still possible to carry out wishes?
Yes = partial revocation and the will is still effective
No = revocation
who can destroy a will?
Must be by the testator or someone directed by the testator in their presence.
what is presumed if a will in the testator’s possession is found destroyed/ damaged?
presumed intention to revoke
what happens if a will CANNOT BE FOUND but is known to be in testator possession
presumption of destruction/ revocation.
