Validity of will Flashcards
(19 cards)
What must you prove for a valid will?
- Capacity
- Intention
- Formalities?
Prove mental capacity?
At the time of execution:
* appreciate moral claims
* know content of the will
* size of estate
fluctuting capacity:
* only need capacity at the time of instructing 3rd party
* 3rd party followed isntructions
* testaor knows at the time of signing, the will was executed per their instruciotns
What if you doubt mental capacity of testaor?
Medical practitioner to assess mental capacity + produce contempraneous report
When does knowledge & approval presumption not apply ?
- suspicious circumstances
- 3rd party signed on T’s behalf
- undue influence
Presume knoweldge & approval
T has capacity
What is required for creating a will under s.9 Wills Act 1937?
- in writing
- signed by T in 2 witness’s presence
- clear it is a will
- W sign in T’s presence (not each other)
What is required for mutual wills? What are their disadvantages?
- 2 people agree to dispose of their assets in similar way + agree not to revoke
- disadv: one party may try to amend will after other dies - cannot as equity steps in and stops it
Purpose of an attestation clause?
Raises presumption of due execution
What is a codicil?
a separate document which refers to the will and is executed like one
What is an attestation clause?
Prove the will was properly executed and no one can challenge the validity of will
Q to ask about beneficiaries
- age
- name
- relationship
- under 18
- is there anyone missing from the list
Q to ask testator
- who do you want as beneficiaries
- any children from current or last marriage?
- do you what ur partner part of the will?
- conditions for beneficiaries?
Who are claimants under the Inheritance Provision for Family and Dependants Act 1975?
People who were financially dependant on someone who has died can make a claim if they haven’t been left enough to support themselves
Q to ask for estate assets?
- Value of each estate?
- how is it held?
- expenses or debts??
Q about will
- has there been wills or codicils since?
- any challenges on wills validity?
- who witnessed will?
- any changes to will?
codicil
legal doc that allows you to make changes or additions to your current will without rewriting the whole thing
Q for alteration
- can alter will after execution as long as it’s s9 formalities
- alteration can be by third party under T’s presence and direction
Explain intestacy
no valid will- law decide how your assets are distributed
nil rate band?
Amount of money or assets you can transfer without paying IHT (325k)
