Wills Flashcards
(21 cards)
What is the general rule on alterations to a will
Alterations are invalid and deemed to have been excited after the will was made but if it can be proved that it was altered at the time of execution or executed with the same formalities of a will will be accepted
Will the original will be valid even if the alterations are invalid
Yes
What should a codicils contain
Reference to the original will and same formalities
How can a will be destroyed
Burning/tearing
Intention to destroy us needed and accident does not destroy a will
What arises from a mutual will
A constructive trust
What does not count as destruction
Writing cancelled/striking through that’s not enough will is still valid
Does marriage revoked a will
Yes but there is an exception to this that if the marriage has an express clause intending to marry a particular person that is valid
Does divorce revoke a will
No but the gifts and any apts of the divorcee is invalid
What is the presumption on capacity for a will
A T is presumed to have capacity unless someone challenges the will and proves otherwise
What is a privileged will
Someone aged 16/17 in the armed forces or active in service or seamen can also be oral/informal no formalities needed
What does a T need to have capacity and the case (3)
Banks v goodfellow
Nature of act (knew making a will)
Extent of Property
Claims which they ought to give effect (who they would normally give to even if they don’t want to)
When is knowledge and approval not presumed and what should happen
Blind or illiterate or suspicious circumstances
Should have an amended attestation clause
What is the 4 formalities for a valid will
In writing
Signed by T or by someone else at his direction in his presence
Signed or acknowledged by T by 2 witnesses
Each w signs in present of T
What is needed to show intention to make a will
Knowledge and approval
There is a general presumption of this
Can a w acknowledge their prior signature to T
Yes
T must sign or acknowledge in presence of two witnesses true or false
True
T needs both witnesses to sign together before T - true or false
False
Does the witnesses need to be together to sign the will
No just each needs to sign in the presence of T
Can a Beneficiary witness a will
They can but it invalidates their propert
What are the words to the attestation clause
Signed by the T in our presence and then by us in his
Can another document be referenced in the will
Yes as long as it is in existence at the time of the will
