Wills Amendment: Codicils Flashcards
What is the main legal effect of executing a codicil?
A. It revokes the previous will entirely
B. It replaces the original will completely
C. It makes the will legally binding for the first time
D. It republishes the will as if executed on the codicil’s date
D. It republishes the will as if executed on the codicil’s date
Explanation: Executing a codicil republished the will it refers to, meaning the will is treated as though it was executed on the same date as the codicil.
What is the best option for a testator who wants to make multiple significant changes to their will?
A. Make a handwritten amendment
B. Add a codicil
C. Destroy the original will
D. Make a new will
D. Make a new will
Explanation: When there are multiple or significant changes to be made, it is usually best to draft a new will to avoid inconsistency or confusion.
Zara made a will in 2010 leaving her jewellery to her sister. In 2020, she executed a codicil adding a gift of £2,000 to her niece. What is the legal status of the original will after the codicil?
A. The original will is revoked
B. The original will is replaced
C. The will is read together with the codicil
D. Only the codicil is valid
C. The will is read together with the codicil
Explanation: A codicil amends rather than replaces the original will. Both documents remain valid and are read together.
What is required for a codicil to be valid?
A. It must comply with section 9 of the Wills Act 1837
B. It must be signed in front of a solicitor
C. Only the signature of one witness
D. It must be handwritten and notarised
A. It must comply with section 9 of the Wills Act 1837
Explanation: Like a will, a codicil must be properly executed under section 9 Wills Act 1837, including signature by the testator and two witnesses.
If a codicil fails to mention a previous codicil, what is the consequence?
A. The previous codicil is automatically revoked
B. The new codicil has no legal effect
C. There may be ambiguity requiring affidavit evidence
D. The will is revoked entirely
C. There may be ambiguity requiring affidavit evidence
Explanation: Failing to refer to earlier codicils can create inconsistency, which may require clarification through affidavit evidence.
A testator made a will in 2005, followed by a codicil in 2015. In 2022, she adds another codicil referring only to the 2005 will. What is the risk?
A. The second codicil invalidates the first
B. The 2015 codicil may be disregarded
C. The 2005 will is revoked
D. The new codicil will replace the 2005 will
B. The 2015 codicil may be disregarded
Explanation: If the new codicil does not refer to an earlier codicil, it risks unintentionally excluding it from the final testamentary documents.
A beneficiary witnesses a testator’s will. What can make their gift valid despite section 15 Wills Act 1837?
A. A codicil witnessed by the same beneficiary
B. A subsequent codicil validly executed and witnessed by different people
C. Deletion of the beneficiary’s name from the will
D. Execution of a statutory declaration
B. A subsequent codicil validly executed and witnessed by different people
Explanation: If a later codicil is witnessed by different people, the original gift can be validated despite section 15 Wills Act 1837.
Which of the following can a codicil NOT do?
A. Create new gifts
B. Revoke an entire will
C. Replace the need for compliance with s.9 Wills Act 1837
D. Correct a beneficiary witness issue
C. Replace the need for compliance with s.9 Wills Act 1837
Explanation: A codicil must still comply with section 9 of the Wills Act 1837 to be valid.
James destroys his 2000 will by mistake. In 2005 he executes a codicil referring to the 2000 will. What is the effect?
A. The codicil revives the will
B. The codicil validates the will
C. The codicil has no effect
D. The will cannot be revived if it was destroyed
D. The will cannot be revived if it was destroyed
Explanation: If the original will was physically destroyed, it cannot be revived by a codicil even if intended.
A testator’s codicil adds a legacy to a new beneficiary and accidentally revokes the residuary clause. What is the likely outcome?
A. The codicil will be ignored
B. The new legacy is valid but the residue passes by intestacy
C. The court will substitute the missing clause
D. The codicil revokes the will entirely
B. The new legacy is valid but the residue passes by intestacy
Explanation: If the codicil revokes the residuary clause and does not replace it, that portion of the estate will pass under intestacy rules.
A will includes a clause: “I leave the painting in my hallway to my cousin.” A codicil is made 5 years later. What determines the painting the cousin receives?
A. The one in the hallway at the date of the codicil
B. The most valuable painting owned
C. The one referred to in the will only
D. The court chooses a painting
A. The one in the hallway at the date of the codicil
Explanation: The codicil republishes the will, so the clause is interpreted as referring to the painting in the hallway at the time the codicil was executed.
How can a codicil confirm a previously invalid manuscript amendment?
A. By including a note of the change
B. By referring to and confirming the amendment expressly
C. By destroying the original will
D. By stating the change was before execution
B. By referring to and confirming the amendment expressly
Explanation: To validate an otherwise invalid alteration, a codicil must expressly refer to and confirm it.
What happens if a codicil is revoked but had previously revoked part of the will?
A. The revoked part of the will is automatically revived
B. The whole will is revived
C. The revoked part remains revoked unless revived
D. The codicil and will both become invalid
C. The revoked part remains revoked unless revived
Explanation: Revocation of a codicil does not automatically reinstate any part of a will it had revoked. Revival must be intentional and meet statutory requirements.
