Chapter 6 - Revocation and revival of wills

Question 1

Revocation

Answer 1

Revocation is the act by which a testator cancels a will, or part of a will, so that it no longer functions as a valid will. Revocation is the only way in which a will can be undone by a testator.

Question 2

Partial revocation

Answer 2

It is possible for a testator to revoke only part of his or her will, leaving the remainder of the will valid and effective. This is referred to as partial revocation.

Question 3

Methods of revoking a will

Answer 3

1. Destruction of the whole will
2. Destruction of part of a will
3. Express revocation
4. Implied revocation

Question 4

Destruction of the whole will

Answer 4

1. Defacing the writing of the will by drawing lines across it.
2. Writing the words “cancelled” or “revoked” across the face of the will
3. Destroying the testators’s signature on the will
4. Destroying the signature of a witness on the will.

Question 5

Pro non scripto

Answer 5

Pro non scripto means as if it had not been written

Question 6

Ademption

Answer 6

This form of tacit revocation of a legacy is when a testator voluntarily alienates the object of the legacy during his or her lifetime causing the legacy to fail

Question 7

Allienate

Answer 7

This is a broad term that covers all modes of disposing of an asset