13.2 Alterations, Amendments And Revocation Of Wills Flashcards
General rule about amending a will after its execution
Will not be valid
Exception: codicil or obliteration of the original words so that the will cannot be read
Test for if the original words are valid or not
Magnifying glass
How to validly amend a will on the will itself (not a codicil)
Draw a line through it
Testator signs their name next to it
Gets two independent witnesses to sign
This will be an executed alteration
A will may be revoked at any time by the testator provided they have
Retained testamentary capacity
Four methods to validly revoke a will
Subsequent will
Destruction of the will by testator
Obliteration or alteration
Marriage or civil partnership
Destruction - the testator must do
The act of destruction to revoke the will
If a will has been destroyed there is a rebuttable presumption that
It was destroyed by the testator with the intention of destroying it
Doctrine of dependant relative revocation
Where a will has been destroyed in rare circumstances court will save the will where the testators intention to revoke their will was conditional upon the execution of a new will which has not been fulfilled. Will will be valid
Marriage or civil partnership
Completely revokes a will
Exception: there is an express statement that states this is not the intention of the testator
A will is partly revoked by
The dissolution of a civil partnership or divorce
If the former spouse is appointed as executor this will be ineffective in the event of separation
Note: divorce will not amend a will if a contrary intention is stated
Separation (just of a relationship not a divorce) does not
Revoke a will
Mutual wills
Less common today
Made by one or two persons usually with the same clauses and conferring reciprocal benefits
Creates a constructive trust in favour of the beneficiaries
