Sucession Flashcards
devise
land
bequest/legacy
personal property
Qualified Cohabitant
S 172 CPCROC 2010
Valid Will section
S 77 Succession Act 1965
Valid will requires
18 years of age
of sound disposing mind
lucid interval
Re Walkers Estate
on medication for paranoid schizophrenia
O’Donnell v O’Donnell
legal test for sound disposing mind not a medical one
Re Gylnn
Valid will must be in writing
S 78 Succession Act 1965
Must be signed - can be an X
Re Glynn
Assisted mark is acceptable provided there is independent physical contribution
Fulton v Kee
Witnesses cannot gain under the will section
S 82 Succession Act 1965
Witnesses cannot gain under the will case
Re Bravada Estate
Murder cannot take under the will of victim section
S 120 Succession Act 1965
Alterations Section
S 86 Succession Act 1965
Revocation section
S 85 Succession Act 1965
‘I hereby revoke all testamentary dispositions heretobefore made by me and declare this my last will
Re Courtneys Estate
Destruction
must have act of destruction and animus revocandi (Intent)
Destruction cannot be by accident, both act and intention must be there
Cheese v Lovejoy
‘Armchair principle’ section
S 89 Succession Act 1965
Words will be given their natural meaning - section
S 99 Succession Act 1965
Referred to his wife as mother
Thorn v Dickens
Extrinsic evidence shall be admissible to show the intention of the testator - section
S 90 Succession Act 1965
Extrinsic evidence shall be admissible to show the intention of the testator - case
Rowe v Law
