Revocation and alterations

Question 1

What is the general rule for unattested alterations?

Answer 1

invalid as there is a presumption that it was made after the will was executed

Question 2

Name 4 exceptions to the general rule on unattested alterations

Answer 2

1. obliteration
2. blank space completed
3. external evidence
4. conditional revocation

Question 3

What is obliteration? (2)

Answer 3

i. where the wording is not apparent using natural means AND

ii. there was intent to do so

Question 4

What is conditional revocation?

Answer 4

Original gift cannot be ascertained and it has been substituted for another figure

Question 5

What document can you use to revive a will that was previously revoked or invalid? What effect does this doc have on the earlier will? What is the exception?

Answer 5

A codicil.

The codicil republishes/revives the will unless it was destroyed

Question 6

Can codicil revoke an earlier will? (2)

Answer 6

Yes.

1. if the codicil expressly states so
2. if the codicil contradicts the earlier will, codicil prevails

Question 7

How must a codicil be executed?

Answer 7

Same as a will (s9)

Question 8

What is needed for a valid destruction of a will?

Answer 8

INTENTION

Question 9

What is it advisable to do if you would like to make a lot of changes to your will?

Answer 9

Make a new one

Question 10

What is a codicil useful for avoiding? Hint: s15

Answer 10

Witness cannot be a beneficiary rule. Therefore, can validate a will that was not duly executed