Alterations, Amendments and Revocation of Wills Flashcards
What is the rebuttable presumption held when an alteration is signed ?
that the alteration was made prior to the execution of the will and is valid.
Where must the signature of T and witnesses be made on the will in order for an alteration to be valid
- In the margin or some other part of the will opposite or near to the alteration
- at the foot or end or opposite to a memorandum referring to the alteration
- written at the end or some other part of the will.
what is the rebuttable presumption when an alteration is not signed
alteration made post execution and is not valid
When will an alteration that is not signed be held to be valid?
i) both the testator and at least two witnesses append their initials alongside the alteration
ii) the entire will, including alteration is later re-executed or confirmed by a. codicil provided it refers to the alteration
the effect of unattested obliteration made after the execution of the will depends on ….
Whether the wording before alteration is apparent or not
What is the effect of the original wording being apparent
Alteration is ignored and the original wording will be admitted to probate
Clean copy of the will without alterations would be required by the probate registry
What is the effect of an alteration in which the original wording is no longer apparent ?
The wording is revoked and the will is admitted to probate with a blank space where the obliteration was
What is the doctrine of dependant relative revocation?
where there is evidence that T did not intend to revoke original wording/ only revoked it conditionally, court allows extrinsic evidence and non-natural means to show the original wording
the intention of the testator to revoke an earlier will is conditional upon a later will being valid.
What is a codicil?
A testamentary instrument which is executed in the same way and must comply with the same formalities asa. a will if it is to be admitted to probate. Supplements the terms of an existing will
What is the effect of a codicil
republishes the will as if the will itself was executed on the date of the codicil’s execution
What are the requirements for a vlid codicil
same as will
needs to be signed and witnessed in the same way as witnessing a will
What is revocation?
the formal act of withdrawing a will
A will is always revocable by the testator _______ provided he has ______
during his lifetime
testamentary capacity
What is the effect of an absolute intention to revoke a will
revocation takes place immediately
What is the effect of a conditional intention to revoke a will
Revocation does not take place unless the condition is fulfilled
What are the four established methods of revocation of wills?
1) Later will or codicil
2) written intention to revoke
3)Destruction of Wills
4) Marriage /Civil Partnership
What is the effect of marriage on a will
auto revokes any will made before that marriage
How can the marriage/Cp revocation effect be avoided?
can be avoided if made in contemplation of a particular marriage or civil partnership
What is the effect of separation on revocation
No effect
What is the effect of divorce on revocation?
partial revoking of the will - will takes effect as if the former spouse had died on the date of the decree absolute
What is the effect of remarriage on revocation?
Remarriage will automatically revoke the will
What are the requirements for destruction of a will
must take place either in the presence of the testator and by his direction
must complete all that he intends to do by way of destruction
T must have capacity
What are the requirements for revocation by codicil
must comply with formality requirements for a will, executed by a testator who has testamentary capacity
not formed as a result of undue influence
How can a revoked will be revived?
re-execution and compliance with the formalities set out by s9 Wills Act
by codicil which shows an intention to revive the revoked document
- a will or codicil which has been revoked by destruction cannot be revived because it does not comply with s9 of the Wills Act 1837
