Mix Off Full Flashcards
What are the three requirements needed for a will to be valid?
- Capacity
- Intention
- Formality
What case defines teatimentary capacity?
Banks v goodfellow 1870
What does banks v goodfellow 1870 tell us?
Testamentary capacity was defined as ‘soundness of mind, memory and understanding’
What is the presumption surrounding intention?
That the testator knew and approved of the contents of the will.
What section outlines formalities of a will?
S.9 WA 1837
What formality must be followed when making a will?
The will must be….
1. In writing
2. Singed by the testator
3. In the presence of 2 witnesses
What does s.15 of the WA 1837 say about beneficiaries/spouses?
If either of the witnesses is a beneficiary under the will or is a spouse of the beneficiary, the will remains valid but the gift to the witness or witnesses spouse fails
What are the 3 ways a person can revoke their previous will?
- Later will or codicil
- Marriage or civil partnership
- Destruction
What section governs revocation by a later will/codicil?
S.20 WA 1837 - usually has an express clause within the commencement clause to say I revoke any previous wills
What section governs revocation by marriage?
S.18 WA 1837 - when I test it to marry there will is automatically revoked.
What is the exception to revocation by marriage? Section?
The rule does not apply for a test makes a will in contemplation of an upcoming marriage. S.18(3)
What section governs revocation by destruction?
S.20 WA 1837 - it will can be revoked by burning tearing or otherwise destroying the world by the test. I’ll buy some person in his presence.
What section governs revocation through divorce/dissolution?
S.18A
What is a life interest trust?
Everything may pass to the wife upon the Husband‘s death, however the Husband share of the house would be held on trusts for their children and the wife can live in it until she dies.
What is ademption?
A specific legacy will fail if the test no longer owns the property at their death. The gift is said to have a adeemed.
