Validity of Wills and Intestacy

Question 1

Property that passes outside will and intestacy rules

Answer 1

-Property held as joint tenants (rule of survivorship)
- Insurance police

Question 2

Requirements for a valid will

Answer 2

• Capacity (18 and over and have mental capacity)
• Intention (to make a will and that specific will)
• Formalities (s 9 Wills Act 1837)

Question 3

Meaning of ‘intestate’

Answer 3

Dying without a will

Question 4

Formalities of a will under s9 Wills Act 1837

Answer 4

-Must be in writing
- Must be signed by testator/someone at the testator’s direction and in their presence
- Signed by two witnesses (in the presence of the testator/ acknowledge their signature in the presence of the testator)

Question 5

Test for capacity in Banks V Goodfellow

Answer 5

Testator must understand the:
-Nature of the act of making a will and its effects
- Extent of his money and property
- Moral claims he ought to consider
- Not suffering from any form of delusion

Question 6

2 things for Intention

Answer 6

Intention to create a will
Intention to create this will

Question 7

If testator is married and dies intestae, what does the spouse get?

Answer 7

Personal chattels+ the first 322,000 (statutory legacy)+ half of the residue

Question 8

Who normally produces an affidavit?

Answer 8

An affidavit (or a witness statement supported by a statement of truth) explaining what happened when the will was executed would be required from each of the witnesses.