Equity Alteration, ammendments and revocation Flashcards
What should you do if you come across a will with words crossed out?
You should try to make out the original words using natural means, such as a magnifying glass. If the original words are apparent, they may be admitted to probate instead of the amendment.
How does the timing of an alteration in a will affect its validity?
The alteration is valid if it was made before the will’s execution, provided there’s evidence to support this and the will reads naturally after the amendment.
What kind of evidence might be required to confirm that an alteration was made before the will’s execution?
Evidence could include statements from witnesses or the testator and their witnesses’ initials adjacent to the alteration.
How can a will be revoked?
A will can be revoked automatically through the law or by a deliberate act of the testator, as long as they have testamentary capacity.
How does marriage or civil partnership affect a will?
A will is revoked upon marriage or civil partnership, unless the will has an express statement showing the testator’s intention to marry a specific person and that the will should not be revoked by that marriage.
How does divorce, dissolution, or nullity impact a will?
A will is partly revoked by divorce, dissolution, or nullity. The former spouse or civil partner is treated as having died on the date of the divorce or dissolution, making their appointment as executor or trustee ineffective and revoking any gifts to them. The remainder of the will remains valid.
Do the provisions related to divorce, dissolution, or nullity apply to separation?
No, these provisions do not apply to separation. However, a will may not be amended by divorce if a contrary intention is stated in the will.
How can a testator deliberately revoke a will?
A testator can deliberately revoke a will by executing a later will or codicil, or through an act of destruction, such as burning, tearing, or otherwise destroying the will with the intention of revoking it.
How does a later will or codicil affect the revocation of an earlier will?
A later will or codicil revokes an earlier will, either wholly or partially, if it declares an intention to revoke and is executed in the same manner as a will. However, it only revokes the earlier testamentary disposition to the extent that it is inconsistent with or repeats the terms of the earlier document.
What is required for a will to be revoked by destruction?
To revoke a will by destruction, there must be an act of destruction (burning, tearing, or otherwise destroying the will) and an intention to revoke. If someone other than the testator destroys the will, it must be done in the testator’s presence and at their direction.
Is writing “cancelled” or “revoked” across a will sufficient for revocation?
No, merely writing “cancelled” or “revoked” across the will is not enough to revoke it. An act of destruction and the intention to revoke are required.
What is the mental capacity required for a testator to have the intention to revoke a will?
The mental capacity required for a testator to have the intention to revoke a will is the same as that required for the making of a will.
What is the presumption if a will is found mutilated at the date of death?
If a will is found mutilated at the date of death, there is a rebuttable presumption that the testator destroyed it with the intention of revoking it.
What is the presumption if a will last known to be in the testator’s possession cannot be found at the date of death?
If a will last known to be in the testator’s possession cannot be found at the date of death, there is a rebuttable presumption that it was destroyed by the testator with the intention of revoking it.
What is the doctrine of dependent relative revocation?
The doctrine of dependent relative revocation is a legal principle that the court may apply to save a will when the testator’s intention to revoke it was conditional upon a future event, such as the later execution of a new will. If that event does not take place, the original will may still be valid—even if it was destroyed—if it can be reconstructed from a copy or draft.
