Revocation, Additions and Alterations Flashcards
What is revocation?
The formal act of cancelling or withdrawing a will
How can a will be revoked?
- By a later will or codicil
- By Destruction
- By marriage/ forming a cp
What is the effect of a later will or codicil?
A will may be revoked in whole in part by a declaration to that effect in a later will or codicil
What happens if a will does not contain an express revocation clause?
It operates to revoke any earlier will or by codicil by implication to the extent that the 2 are inconsistent
This could result in complete revocation if they are totally inconsistent or partial revocation in which case the 2 wills need to read together in order to piece together the T’s intention
How can a will be revoked by destruction?
‘By burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same’
What is required for revocation by destruction?
Physical destruction
Symbolic destruction like crossing out writing is not sufficient (but if the signature is crossed out it might revoke the entire will)
What is the test for revocation by destruction?
If the remainder of the will is intelligible and can still operate in the absence of the destroyed part
What makes revocation by destruction valid?
The act of destruction must be carried out with the intention to revoke (i.e, a will destroyed by accident is not revoked)
The destruction must be carried out by the testator themselves or by someone else in the T’s presence and by their direction
How can a will be revoked by marriage or cp?
If the T marries or forms a cp after executing a will, the will is revoked
What are mutual wills?
Arisees are where 2 people make wills in similar terms and agree that whichever of them survives will irrevocably leave their estate in a particular way
How can a will be revoked by codicil?
A properly executed codicil has the effect of republishing the existing will
The T must have intended to republish the will
How can a will altered?
If the alterations were made before the will was executed they are valid provided that the T intended the alterations to form part of the will
Alterations made after the will was executed will be valid if those alterations themselves were executed like a will
It may be necessary to obtain extrinsic evidence from a witness
What is the effect of an invalid alteration?
The original working stands as long as it can deciphered
What is the exception to the requirement that to be valid an alteration must be executed?
Occurs when the T makes an amendment which simply obliterates the original wording - revocation of the orginal working by destruction (provided that there was an intention to revoke)
