Validility Of Wills And Accounts Flashcards
Beneficiaries are not supposed to be
Witnesses to the will
Privileged will
Usually must be 18 or over to have capacity to create a valid will
However those aged 16 or 17 can write a “privileged will” if they are active service seamen at sea
Rebuttable presumption
That a person has knowledge and approval of a will written on their behalf … have to challenge this presumption when not the case
Codicil
Document that amends, partially revokes or adds to an existing will
Requirements of a codicil
Must make reference to the original will that it is amended
Normal requirements of capacity, knowledge, approval and lack of undue influence apply and it must not be witnessed and signed by a beneficiary
Attestation
Relevant legal formalities of a valid will
In writing
Signed by the person or someone acting on their behalf
Two witnesses that are not the beneficiary to the will in the presence of the person but not necessarily each other
Test for undue influence
Exerting pressure beyond mere persuasion into coercion
Should the spouse of a beneficiary under a will be a witness
No - it will be invalid if they are. Stand to benefit
Testator (person making the will) must sign the will in front of
Both witnesses at the same time
There is no requirement for witnesses to
Sign the will in the presence of other witnesses
Attenuation clause in the will
Is usually included at the end of the will to confirm that the conditions for the valid execution of the will have been satisfied
Can a will identify another document?
Yes provided it is in existence at the date of the will. Cannot be after the will
Attestation clause
Requirement of a valid will and codicil
Sets out that the requirements of the will have been met
Attestation clause
Requirement of a valid will and codicil
Sets out that the requirements of the will have been met
