2. Alteration, Amendment and Revocation of Wills Flashcards
What is the effect of marriage on a will?
The will is revoked, UNLESS it was stated that the testator was expecting to be married or enter into a civil partnership with the named spouse or partner, and it was intended that the marriage or civil partnership was not to revoke the will.
In what circumstances will an alteration to the will documet be valid?
- The alteration was made before the will executed (should include attestation/signature at alteration of T and witnesses)
- The will read naturally after the amendment.
What is the consequence of an unattested alternation to a will?
It is presumed to have been made after execution UNLESS it’s filling in a blank space
What effect does divorce have on a will?
The divorce revokes any appointment of the former spouse and any gifts to them in the will, but otherwise the will stands and is interpreted as if the former spouse had died before the testator.
What is the doctrine of dependent relative revocation?
Where a T intention to revoke a will was conditional upon a future event, such as a later execution of a will, which never happened. Original will may be valid - even if destroyed - if it can be reconstructed.
What amounts to a valid destruction of a will?
- destruction of the document - burning, tearing or otherwise
- with intention to revoke
- in the presence of the testator (T doesn’t have to do the destructing!)
If a will last known to be at T’s address cannot be found, what are the consequences?
It is presumed to have been destroyed by T with the intention of revoking it.
When will partial destruction of a will effective revoke the entire will?
Destruction of part of the will may result in a partial revocation or a complete revocation if a sufficiently substantial or vital part is destroyed.
EG - the back page of the will which includes the testator’s and witnesses’ signatures, which are vital parts of the will. This is likely to result in the revocation of the will.
