wills Flashcards

1
Q

capcity to make will

A

T must understand:
a. nature and effect
b. extent of property
c. moral claims

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2
Q

when is capacity presumed

A

a. will is rational on its face
b. T showed no mental confusion

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3
Q

presumption on knowledg and approval

A

t has capacity and has read and executed will

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4
Q

how to prevent issue of grant

A

lodge a caveat which lasts 6 months

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5
Q

citation to take probate

A

where executor has intermeddled but shows no signg of applying for grnt. if they don’t proceed may apply for passing over

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6
Q

citation to prpound

A

if another version exists which may affect rights

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7
Q

joointly owned land value discount

A

10% commercial
15% domestic

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8
Q

finding value of listed shares

A

lower listed price plus 1/4 of the difference

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9
Q

BPR 100% reduction

A

a. business or interest in a business
b. unquoted shares

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10
Q

BPR 50% reduction

A

a. quoted shares where T had over 50% of voting rights
b. land, plant machinery, buildings used for buisness in control of T

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