Validity & Revocation

Question 1

Who can make a will

Answer 1

anyone Over 18, must Comply with Wills Act 1837 and Administration of Justice Act 1982

Question 2

Requirements

Answer 2

Sufficient Mental Capacity
Necessary intention
Legal formalities meet

Question 3

Capacity

Answer 3

Sound Mind ( nature of act and its results)
Sound Knowledge (extent of assets)
Sound Understanding( morally bound to provide doesn't have to)

Question 4

Mental Capacity Act 2005 s2 (1)

Answer 4

A person lacks capacity if unable to make decision for himself because of an impairment or disturbance of the mind or brain

Question 5

Mental Capacity Act 2005 s3 (1)

Answer 5

Person unable to make decision for themselves if they are unable to understand info relevant to the decision
Retain the information
Use/weigh info as part of the decision making process
Communicate decision

Question 6

Intention

Answer 6

Knowledge and approval knows content and its affect can be amended if signed by another (read out)

Question 7

Attestation Clause

Answer 7

Signed by in presence of witness and signed by witness in my presence

Question 8

Formalities

Answer 8

In Writing
Signed and Intend signature to give effect to the Will
Signed by testator(or by someone else at testators direction) and witness(at least 2) in each other presence
Signed by Witnesses in presence of testator

Question 9

S11 wills act 1837

Answer 9

Privileged Will

Question 10

Who can make a privileged will

Answer 10

over 14
Soldiers/airman in actual military service
Mariners or seamen at sea
Members of HM navel or marine forces in actual service

Question 11

What is a Privileged will

Answer 11

Enable persons in military emergencies or at war to make a will without complying with formal requirements these wills can be oral

Question 12

Donationes mortis causa

Answer 12

Death Bed Gift

Question 13

Donationes mortis causa - conditions

Answer 13

Made in contemplation of death in near future
Gift conditional of death
Must be transferred

Question 14

S15 Wills act

Answer 14

Witness (and spouses) must not be a named Beneficiary in a will id are gift will fail (unless mirror willls)

Question 15

S1 Wills act

Answer 15

Gifts to witnesses can be saved if will is witnessed by two non beneficiary witnesses

Question 16

Forfeiture Rule (Forfeiture Act 1982)

Answer 16

Common law rule can not benefit from crime, relief can be granted if found guilty on grounds of loss of control/diminished responsibility

Question 17

Revocation(revoking a will)

Answer 17

Marriage/Civil partnership
Another will/Codicil
Destruction
Properly executed declaration by the testator

Question 18

Revocation by Marriage.Civil Partnership

Answer 18

Section 18 WA -Automatic revocation of previous will unless will made in anticipation of marriage (Sec 18(3) WA) to that person.

Question 19

Effects of Divorce/Dissolution of civil partnership

Answer 19

S 18A WA states any appointment to former spouse takes effect as if the former died when the marriage was dissolved.

Question 20

Revocation by another will or codicil

Answer 20

A will containing a revocation clause will revoke any previous wills.

Question 21

Revocation clause

Answer 21

This is the last will and testament of me (x) and I hereby revoke all wills and testamentary dispositions made by me

Question 22

Revocation by destruction

Answer 22

Must be intentional destruction - either by themselves or directing someone else to do it in his presence.

Question 23

Revocation by a properly executed declaration

Answer 23

S20 WA a will can be revoked by some writing so long as it declares an intention to revoke and be signed with the same formalities required to make a valid will.

Question 24

Revocation by a properly executed declaration case Yes

Answer 24

Spracklan’s Estate 1938

Question 25

Revocation by destruction case Yes

Answer 25

Cheese V Lovejoy 1877

Question 26

Revocation by destruction case No

Answer 26

Kremer 1965

Question 27

Revocation by Marriage Case No

Answer 27

Sallis V Jones 1936 General reference to Marriage not enough must be named person

Question 28

Revocation by any other method

Answer 28

Voluntary and governed by S20 WA

Question 29

Death bed Gift case Yes

Answer 29

Sen V Headley 1991

Question 30

Death bed Gift case No

Answer 30

King V The Chiltern Dog Rescue 2015

Question 31

Privileged Wills case Yes

Answer 31

Booth 1926

Question 32

Privileged Wills case No

Answer 32

Rapley 1983

Question 33

s9 WA 1837

Answer 33

Attestation clause not needed but no clause created issues of due execution and affidavit of due execution may be required

Question 34

Requirements Case

Answer 34

White V Jones 1995

Question 35

Capacity Case

Answer 35

Banks V Goodfellow 1870