Testate succession - revocation

Question 1

Implied

-subsequent wills [3] [c]

Answer 1

• court will try to read together
• if inconsistent, later deed will revoke all/some of the previous one
• clearest when entire deed makes universal settlement (Cadger v Ronald’s Trs)

Question 2

Implied
-conditio si testator
full latin?

Answer 2

Conditio si testator sine liberis decessit

Question 3

Implied
-conditio si testator
what is it?

Answer 3

Legal presumption that WHOLE WILL will be set aside if child of testator not provided for

Question 4

Implied
-conditio si testator
conditions? [3]

Answer 4

1) Child born after will made
2) Must be invoked by the child
3) Presumption so can be rebutted if:
a. Testator intended to remove the child
b. But NB legal rights will still apply

Question 5

Implied
-conditio si testator
what if omission was deliberate? [2c]

Answer 5

• Stuart-Gordon v Stuart-Gordon - pregnant

- Greenan v Courtney - only to children from 1st wife