Topic 5 Flashcards
(12 cards)
1
Q
Where to sign
A
Kidwell
2
Q
Strict v Flexible Approach to “Drafted”
A
Strict:
* Webster
Flexible:
* Back
3
Q
Intention v Instruction
A
- Ex Parte Maurice
- Smith
- MacDonald
- Van Wetten
4
Q
Kidwell
A
- 9cm Gap
- “The end thereof”
- Potential clauses could be entered
5
Q
Webster
A
- Strict approach
- S2(s) - a person who has died
Aka by the testator themselves - Application was refused
6
Q
Back
A
- Flexible approach
- Testator died before the Will could be executed
- Differentiation in Webster were not relevant
- Flexible in order to prevent the testators wishes from being nullified
7
Q
Ex Parte Maurice
A
- Asked friend to “knock it into shape”
- Expectation that it would change with the advice of his friend
- Thus did not intend it to be his final Will
8
Q
Smith
A
- Deceased knew he would not be able to make a new Will, since he was about to commit suicide
- Language was active not passive (thus not giving instructions to make a new Will)
- Made reference to old will, thus stating that he was amending that will
- Thus a valid will
9
Q
MacDonald
A
- Deceased typed Will on office computer
- Committed suicide + note of file on computer
- File was accessed and printed
- Will regarded as drafted by deceased + intended it to be his Will
10
Q
Van Wetten
A
- Intention with regards to the writing, not only the form the writing takes
- Letter left to friend to give to give to testators attorney in the case that “something” happens
- Letter was intended to be the testators final wishes
11
Q
O’Connor
A
- Testator signed using a thumb print
- Seen as signing with a mark
- Thus needed a Commissioner of Oaths
- Will was still condoned, since the testator still intended it to be his final will
12
Q
Commissioner of Oaths (Leaving a mark)
A
- O’Connor
