Methods of Revocation- FS Flashcards
What are the three legal methods by which a will can be revoked under the Wills Act 1837?
By executing a later will or codicil, by destruction with intent (animus revocandi), or by marriage or civil partnership.
Under Section 20 of the Wills Act, what must be present for revocation of a will by destruction to be valid?
Physical destruction (e.g., tearing or burning), done by the testator (or someone in their presence and under their direction), with the intention to revoke the will.
What happens if a later will does not contain an express revocation clause?
It may still revoke earlier wills by implication, but only to the extent that its provisions are inconsistent with the previous will.
Why is accidental destruction of a will not considered valid revocation?
Because revocation by destruction requires the testator’s clear intention to revoke; without this, the will remains valid if a copy exists.
What is the effect of symbolic destruction (e.g., crossing out words or writing “revoked”) on a will?
It may result in partial revocation unless a vital part (like the signature) is destroyed, in which case it could revoke the entire will.
Can a will be validly revoked if another person destroys it outside the testator’s presence, even with permission?
No, destruction outside the testator’s presence and direction is not sufficient for revocation under Section 20.
In the SQE scenario where a man tore up his will after a dispute with his daughter but later reconciled with her, is the will still valid?
No; the will was revoked by intentional destruction, and the testator must now execute a new will to reflect his revised intentions.
What is the legal effect of marriage or civil partnership on a will made prior to the event, under the Wills Act 1837?
The will is automatically revoked unless it was made in contemplation of that specific marriage or civil partnership.
Which statutory provisions govern revocation of wills by marriage or civil partnership?
Sections 18(1) and 18(3) of the Wills Act 1837.
If a will is made in contemplation of marriage, and the marriage does not occur, is the will still valid?
Yes; the will remains valid even if the anticipated marriage does not take place.
Does the birth of a child or the death of a spouse revoke an existing will?
No; such life events do not revoke a will under the Wills Act.
What is the legal effect of divorce on the provisions of a will that name the former spouse?
The will remains valid, but the former spouse is treated as having died on the date of divorce for the purposes of inheritance and appointments.
In what situation does a will remain effective after marriage?
When it is explicitly made in contemplation of a specific forthcoming marriage or civil partnership and this is clearly stated in the will.
In the case where a person marries after making a will and does not make a new one, what happens if they die?
They die intestate, and their estate is distributed under the intestacy rules.
Why would a person’s estate be distributed under the intestacy rules if they executed a will before marrying but took no further steps afterward?
Because the will is automatically revoked by the subsequent marriage unless it was made in contemplation of that marriage, and without a new valid will, the individual dies intestate.
