Making a valid will and interpreting

Question 1

What are the 3 elements that make up a valid will?

Answer 1

1. testamentary capacity
2. knowledge and approval
3. s9 WA formalities

Question 2

At what time must testamentary capacity be proved? What is the exception?

Answer 2

at the time of execution

Exception: Parker v Felgate (previously gave instructions when you had capacity)

Question 3

When is there a presumption of testamentary capacity?

Answer 3

duly executed

Question 4

What is the golden rule?

Answer 4

medical proof of testamentary capacity for elderly or ill testators

Question 5

Name 3 situations where the presumption for K&A is rebutted?

Answer 5

i. blind or illiterate
ii. signed by someone else
iii. suspicious circumstances

Question 6

Name 2 things that can be added to a will to prove special circumstances

Answer 6

i. attestation
ii. affidavit

Question 7

Name the 3 components of S9 WA

Answer 7

i. writing and signed
ii. 2 or more witnesses
iii. appears rational

Question 8

What are the 3 things excluded from personal chattels?

Answer 8

1. money or securities
2. used only or mainly for business
3. used only as an investment

Question 9

What statute can save a failed gift to a predeceased issue?

Answer 9

s33 WA: gift will go to their issue, provided there is no contrary intention

Question 10

What details of each witness are needed? (4)

Answer 10

1. signature
2. full name
3. occupation
4. address