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
Apply to High Court fro Grant of Probate section
S 26 Succession Act 1965
If there is no will or executor the property vests in Master of the high court - section
S 27 Succession Act 1965n
Order of payments
- Funeral & admin costs, taxes, wages
- Secured and unsecured creditors
- Beneficiaries
Partial Intestacy - section
S 74 Succession Act 1965- when not all property of the testator is covered in the will
Spouse may appropriate the dwelling house towards satisfaction of any share of the will - Section
S 56 Succession Act 1965
Total intestacy - section
S 67-73 Succession Act 1965 where no valid will exists
Spouse takes 2/3 if there are children section
Status of Children Act 1987 S 67
S 11 Succession Act 1965
Includes civil partners in rights of spouses
S. 73 CPCROC 2010
Qualified Cohabitant may apply for an order within 6 months
S.194 CPCROX
Court shall not make an order where relationship ended/ applicant is not financially dependant on dec
S 194(3) CPCROC 2010
Freedom to disinherit ones wife and children is a paradox on any grounds
Spierin p.289
Spierin p.289
Freedom to disinherit ones wife and children is a paradox on any grounds
a gift is deemed to be a satisfaction of the legal right share case
Re Cummins Estate
O’Dwyer v Keegan
a gift is deemed to be a satisfaction of the legal right share
A spouse must elect which one to take, a gift or legal right share
was unconscious on wife’s death - was presumed to have taken the gift
Re Urquhart
Re Urquhart
was unconscious on wife’s death - was presumed to have taken the gift
date of the valuation of the estate is not the date of the testator’s death but the date of the distribution of assets
Strong v Holmes
