1.4 Wills - Revocation

Question 1

What is required for revocation?

Answer 1

1) T has capacity to revoke
2) NOT mutual wills

=> Revocation during T’s lifetime

Question 2

How may a will be revoked by Testator’s intent to revoke?

Answer 2

1) In writing!!!
2) Will formalities
3) NO UI

Question 3

How may a will be revoked by a later will/codicil?

Answer 3

Express

Implied
- Codicil NOT consistent w will => To such extent only

Conditional revocation
- If condition not fulfilled => Later will NOT effective => Earlier will effective

Question 4

How may a will be revoked by destruction of a later will/codicil?

Answer 4

1) Destruction
- Burned
- Torn
- Not located + last known in T’s possession => Presumed destroyed (UNLESS rebuttable > Copy draft showing will contents/T’s contrary remarks before death/Torn/Burnt)
- NOT accidental destruction
- NOT mistaken belief
- NOT writing ‘revoked/cancelled’ on will

2) Either by;
- T
- TP > T’s presence + T’s direction + T’s intent to revoke
- UNLESS conditional

3) Either;
- T’s intent to revoke
- Physical condition change => Whole destroyed => Whole destroyed / Part destroyed => Part destroyed only

UNLESS Doctrine of Dependent Relative Revocation applies;
- Later will NOT effective => NO revocation (earlier will remains effective)

Question 5

How may a testator’s marriage revoke a will?

Answer 5

1) Marriage/Civil partnership

2) UNLESS
- Will made in contemplation of marriage
- Spouse provides for spouse
- Marriage cancelled
- Evidence re intent NOT to revoke

Question 6

How may a testator’s divorce revoke a will?

Answer 6

Complete revocation

• Gifts to ex-spouse => Fail
• Ex-spouse appt as executor => Fail
• BUT other provisions stand

Partial revocation

• Annulment/Civil partnership dissolution
• Treated as if ex-spouse predeceased

NO revocation
- Mere separation

Question 7

How may a revoked will/codicil be revived?

Answer 7

NOT destroyed

Re-execution (s. 9 Wills Act 1837)

Codicil > Intent to revive

=> Deemed made at re-execution