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Land > Sucession > Flashcards

Sucession Flashcards

1
Q

devise

A

land

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2
Q

bequest/legacy

A

personal property

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3
Q

Qualified Cohabitant

A

S 172 CPCROC 2010

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4
Q

Valid Will section

A

S 77 Succession Act 1965

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5
Q

Valid will requires

A

18 years of age
of sound disposing mind

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6
Q

lucid interval

A

Re Walkers Estate

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7
Q

on medication for paranoid schizophrenia

A

O’Donnell v O’Donnell

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8
Q

legal test for sound disposing mind not a medical one

A

Re Gylnn

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9
Q

Valid will must be in writing

A

S 78 Succession Act 1965

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10
Q

Must be signed - can be an X

A

Re Glynn

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11
Q

Assisted mark is acceptable provided there is independent physical contribution

A

Fulton v Kee

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12
Q

Witnesses cannot gain under the will section

A

S 82 Succession Act 1965

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13
Q

Witnesses cannot gain under the will case

A

Re Bravada Estate

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14
Q

Murder cannot take under the will of victim section

A

S 120 Succession Act 1965

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15
Q

Alterations Section

A

S 86 Succession Act 1965

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16
Q

Revocation section

A

S 85 Succession Act 1965

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17
Q

‘I hereby revoke all testamentary dispositions heretobefore made by me and declare this my last will

A

Re Courtneys Estate

18
Q

Destruction

A

must have act of destruction and animus revocandi (Intent)

19
Q

Destruction cannot be by accident, both act and intention must be there

A

Cheese v Lovejoy

20
Q

‘Armchair principle’ section

A

S 89 Succession Act 1965

21
Q

Words will be given their natural meaning - section

A

S 99 Succession Act 1965

22
Q

Referred to his wife as mother

A

Thorn v Dickens

23
Q

Extrinsic evidence shall be admissible to show the intention of the testator - section

A

S 90 Succession Act 1965

24
Q

Extrinsic evidence shall be admissible to show the intention of the testator - case

A

Rowe v Law

25
Q

Apply to High Court fro Grant of Probate section

A

S 26 Succession Act 1965

26
Q

If there is no will or executor the property vests in Master of the high court - section

A

S 27 Succession Act 1965n

27
Q

Order of payments

A
  1. Funeral & admin costs, taxes, wages
  2. Secured and unsecured creditors
  3. Beneficiaries
28
Q

Partial Intestacy - section

A

S 74 Succession Act 1965- when not all property of the testator is covered in the will

29
Q

Spouse may appropriate the dwelling house towards satisfaction of any share of the will - Section

A

S 56 Succession Act 1965

30
Q

Total intestacy - section

A

S 67-73 Succession Act 1965 where no valid will exists

31
Q

Spouse takes 2/3 if there are children section

A

Status of Children Act 1987 S 67
S 11 Succession Act 1965

32
Q

Includes civil partners in rights of spouses

A

S. 73 CPCROC 2010

33
Q

Qualified Cohabitant may apply for an order within 6 months

A

S.194 CPCROX

34
Q

Court shall not make an order where relationship ended/ applicant is not financially dependant on dec

A

S 194(3) CPCROC 2010

35
Q

Freedom to disinherit ones wife and children is a paradox on any grounds

A

Spierin p.289

36
Q

Spierin p.289

A

Freedom to disinherit ones wife and children is a paradox on any grounds

37
Q

a gift is deemed to be a satisfaction of the legal right share case

A

Re Cummins Estate
O’Dwyer v Keegan

38
Q

a gift is deemed to be a satisfaction of the legal right share

A

A spouse must elect which one to take, a gift or legal right share

39
Q

was unconscious on wife’s death - was presumed to have taken the gift

A

Re Urquhart

40
Q

Re Urquhart

A

was unconscious on wife’s death - was presumed to have taken the gift

41
Q

date of the valuation of the estate is not the date of the testator’s death but the date of the distribution of assets

A

Strong v Holmes

Land (5 decks)

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