Intestacy + Revocation/alteration

Question 1

If there’s a spouse and issue

Answer 1

Spouse gets (only if survives testator by 28 days!):
- all personal chattels,
- statutory legacy (322,000),
- 50% of remainder
Issue gets:
- 50% of remainder on statutory trust (contingent on turning 18/marrying)

Question 2

If there’s only a spouse

Answer 2

Spouse gets entire estate (only if survives testator by 28 days!)

Question 3

Order of priority if there’s no spouse

Answer 3

1. issue
2. parents
3. siblings of whole blood
4. siblings of half blood
5. grandparents
6. uncles + aunts of full blood
7. uncles + aunts of half blood
8. bona vacantia

Question 4

3 ways to revoke a will

Answer 4

1. by later will/codicil
2. by destruction
3. by marriage

Question 5

Doctrine of conditional revocation

Answer 5

When court construes testator’s intention to revoke an earlier will as being conditional on eg. effectiveness of new will
So, if condition not met, earlier will remains effective

Question 6

Will is NOT revoked by marriage if:

Answer 6

. testator made the will in expectation of a forthcoming marriage to that particular person, and
- testator intended the will would not be revoked by the marriage

Question 7

What is the effect of a codicil?

Answer 7

It republishes the will (will read as if made at that time too), as long as there is intention to do so