Lecture One: Requirements for Making a Valid Will Flashcards
Usually, a testator must be at least 18 years of age to have legal capacity to make a will. What are the exceptions to this?
If the child is in the armed forces or a soldier at sea.
Intention to produce a will is presumed in most cases. When does the presumption not apply?
Where the testator is blind, illiterate, did not sign personally or there are suspicious circumstances.
What happens if a beneficiary is a witness under the will?
A gift in a will fails if a beneficiary or their spouse/civil partner acts as a witness. However, the will itself remains valid.
When is a witness required in the instance of revoking a will by destruction?
A witness is not required if the testator destroyed their own will. However, if someone else is destroying it on their behalf, the testator must be present.
What is required for manuscript alterations of a will to be valid?
If done prior to execution of the will, the testator must provide evidence of this. If done after execution, the alteration must be attested by the witnesses.
What is the impact of conversion to a same sex marriage on the validity of a will?
There is no impact. It will not revoke an existing will of either party nor affect any dispositions in the wills.
What happens to a will in situations of marriage and divorce respectively?
Upon marriage or civil partnership, the full will is revoked. Upon divorce, the will is partially revoked, rendering the gift to the former spouse/civil partner invalid.
How does the chain of representation apply?
A dies. B is appointed as executor of A’s estate and begins administering A’s estate. B then dies before the administration of A’s estate is completed. B’s will appoints C as B’s executor. C will then take on administration of both B and A’s estates.
