1.3 Wills - Amendments Flashcards
What alterations to wills are valid?
Before execution
- Blank space completed > Presumed before execution
NOT after execution
- Non-initialled alteration > Presumed before execution
- UNLESS T + Ws initial alteration
- UNLESS will later re-executed by codicil w reference to alteration
NOT valid alterations
- Original wording > Deciphered by natural means
- Original wording > NO longer apparent (gift cut out/obliterated) => Blank space
- Rebuttable > Evidence re lack of intent to revoke/intent to revoke conditionally
- Extrinsic evidence > Original wording
- Original wording > Crossed out > Failed to substitute
What is required for codicils? What is their effect?
Same formalities as wills
Effects
- Add provision
- Amend provision
- Revoke will
=> Executed on date of codicil
What are the advantages and disadvantages of codicils?
Advantages
- Cheaper than new will
- Helps with minor changes
Disadvantages
- Have to read will + codicil together
- Potential ambiguity/inconsistency
- Could be missed
What is required for incorporation of documents?
1) Will identifies document
2) As already existing
3) Exists at time of will execution
- Not executed
=> Becomes part of will => Admitted to probate
What is required for disclaimer?
1) Ben NOT already accepted estate
2) Oral/Writing notice => PR
=> Ben treated as predeceased T
What is required for variation?
1) Writing (deed)
2) Within 2 years of T’s death
3) NO consideration
4) Notice > HMRC
- Within 6 months
- Potentially exempt transfer
=> Ben directs interest to another Ben
