Testate succession - formal validity

Question 1

The will [s] [c]

Answer 1

Must be in writing - s1(2)(c)
Must be signed - s2(1)
Rhodes v Peterson - ‘mum’ ok

Question 2

Probativity by attestation [s]

Answer 2

• witnessing

- s2 - if granter’s subscription signed on each sheet

Question 3

Converting improbative > probative [s]

Answer 3

• If granter alive - can acknowledge subscription - s3

- if not available - apply to court - s4

Question 4

If the will can’t be found? [c]

Answer 4

• if terms are known - prove the tenor (Munro v Coutts) - need proof + reason destroyed

Question 5

If will can’t be found - presumption [c]

Answer 5

when a will disappears it has been destroyed by testator if it was last seen in his possession (Clyde v Clyde)

Question 6

Alterations - statutory provision?

Answer 6

s5

Question 7

Alterations made after subscription?

Answer 7

not part of the deed

Question 8

Alterations if drawn by solicitor?

Answer 8

will usually have revocation clause

Question 9

Alteration cases [3]

Answer 9

o Bruce’s JF v Lord Advocate
o Duthie’s Trs v Taylor
o Pattison’s Trs v Edinburgh Uni

Question 10

Alterations: Bruce’s JF v Lord Advocate

Answer 10

made 2 wills. 2nd couldn’t be found so presumed he had destroyed it. But said had it been there it would have revoked the 1st one.

Question 11

Alterations: Duthie’s Trs v Taylor

Answer 11

later testament has priority but 1st one still valid where there were no inconsistencies

Question 12

Alterations: Pattison’s Trs v Edinburgh Uni

Answer 12

When making alterations in margins etc, must be initialled by testator beside each alteration