STUDY UNIT 4

Question 1

FORMAL VALIDITY

Answer 1

refers to whether the will complies with the formalities.

Question 2

SUBSTANTIVE VALIDITY

Answer 2

refers to whether or not the contents of a will are lawful.

Question 3

ACTIONS THAT BRING ABOUT AN AMENDMENT

Answer 3

1. Additions
2. Alterations
3. Deletions
4. Interlineations

Question 4

INTERLINEATIONS

Answer 4

inserting of new words between the lines of the will

Question 5

DELETIONS

Answer 5

erasing out, cutting out, pasting out, removing with something

Question 6

A TESETATOR MAY AMEND HIS OR HER WILL BY

Answer 6

1. inserting additional paragraphs in the will.
2. inserting new words or numbers within the paragraphs
3. altering the words or numbers in the paragraphs
4. drawing a line on the words, numbers or paragraphs to show deletions.

Question 7

PRE-EXECUTED AMENDMENT

Answer 7

this is an amendment done by the testator before the execution or signing of the will.

Question 8

POST-EXECUTION AMENDMENT

Answer 8

a testator may after the execution of a will decide to amend his or her will.

Question 9

COMMISSIONER OF OATHS IS REQUIRED TO CERTIFY THAT:

Answer 9

1. he is satisfied with the identity of the testator.
2. the amendment was made by or at the request of the testator.
3. he functioned in his own capacity as commissioner of oaths in certifying.

Question 10

REQUIREMENTS OF SECTION 2(3)

Answer 10

the court must be convinced that:
1. the document was executed or drafted by,
2. a person who has since died, and who
3. intended that the document should be his will.

Question 11

SECTION 2(3)

Answer 11

• is a rescue provision
• provisions in this section are peremptory