revocation and altercation of wills

Question 1

how can a will be revoked

Answer 1

in writing, destructing or by making a new will

Question 2

who can revoke a will by destruction

Answer 2

the testator or someone in his presence and at his direction - estate of Kramer 1965

Question 3

does the testator need to see the act of destruction, case?

Answer 3

yes - goods v Dadds 1857

Question 4

what is the presumption if the will cannot be found

Answer 4

• if its not in the deceased possession, the presumption is it revocation
• if the will is found mutilated in the deceased possession, the presumption is partial or full revocation.

Question 5

what counts as destruction to the will?

Answer 5

‘burning, tearing or otherwise destroying’
must also have mental capacity and intention to revoke
- some physical injury to the will itself, symbolic destruction not enough- Cheese v Lovejoy 1877
- hasty acts - Doe d Perkes 1820- act of destruction incomplete
- sewing the will back together- Estate of Nunn 1836
- Act does not need to be witnessed

Question 6

how can a will be revoked in writing?

Answer 6

must have intention to revoke, must comply with s9 formalities,
- Re Spracklan’s estate 1938