Revocation of Wills Flashcards
How can a will be revoked
6 ways
1 Express Revocation
2 Revocation by implication
3 Revocation by Destruction
4 Presumption as to revocation
5 Dependent relative(conditional) revocation
6 Revocation by Marriage or Civil partnership
Express Revocation in writing
S20 WA must haver the same formalities as a will ie knowledge and approval / Signed and witnessed - Normally done by way of revocation clause in new document “ I revoke all former”
Revocation by Implication
If no revocation clause is included can be held revoked by implication ie if earlier will gives something to one person but a later will gives to someone else or whole estate is disposed of by later will - revocation is implied
Failure of a revoked gift
If T give something to A and later gives same to B but b can not legally accept the gift former will would be valid and A would receive the gift
Freedom to revoke must be unambiguous
Language must be clear unclear language could result in revocation failing
Revocation by Destruction
A Will can only be revoked by destruction if the destruction is intended and either done by T themselves or by someone in their presence at at T direction before the destruction, Destruction can be partial ie removal of attesting signatures
Presumption as to revocation- mutilated
If a will is in the possession of T at death and in a mutilated condition it is presumed they had intended to revoke it
Proof of Lost or destroyed wills
If Lost or destroyed a copy will can be used by it Must be proved by affidavit evidence that a lost or destroyed will was validly executed and was not validly revoked and evidence as to the contents - IE will lost in a fire and T died as a result of the fire
Dependent relative (Conditional) revocation clause (partial Revocation)
If new will made which revokes a former but the new will is deemed not valid - former will will remain valid, presumption old is only revoked if new one is valid
Revocation By Marriage/Civil Partnership
S18 WA and S18 AJA provides that a will is revoked if T marries or enters a legal civil partnership except if the will is made in contemplation of the Marriage or civil partnership to a particular person.
Divorce Nullity and dissolution of a civil partnership
Divorce Nullity and dissolution of a civil partnership does not revoke the whole will but instead treats the ex spouse as if they had died before T it also includes to exclude children of the ex spouse if T is not the biologicals parent
