W 9 Flashcards
What is the purpose of a codicil?
A codicil is used to make amendments or additions to an existing will.
What is a codicil?
A codicil is a legal document that amends or modifies an existing will.
What is the process of incorporating unexecuted documents into a will?
Unexecuted documents can be incorporated into a will by clearly identifying them in the will and referring to their existence at the time of execution. If successfully incorporated, these documents are admitted to probate along with the original will.
What is the purpose of making a will in contemplation of marriage or civil partnership?
Making a will in contemplation of marriage or civil partnership allows the testator to avoid the automatic revocation of their will upon marriage or civil partnership. It ensures that the will remains valid and unaffected by the event.
Under what circumstances can extrinsic evidence be used to establish the original wording of a gift in a will?
Extrinsic evidence can be used to establish the original wording of a gift in a will if the testator did not intend to revoke the gift or if a third party made the amendment. This is applicable in cases of conditional revocation as well.
How does a codicil affect a will?
A codicil modifies or supplements the provisions of a will without completely revoking it.
Why should clients be advised against incorporating additional documents into their will?
Clients should be advised against incorporating additional documents into their will due to practical issues that may arise if the conditions for incorporation are not satisfied or if the document cannot be located after death.
How can a will be drafted to preserve its validity after marriage or civil partnership?
The will must name the future spouse/civil partner and identify the intended ceremony. It should also expressly state whether or not the testator intends the will to be revoked upon the event of the marriage/civil partnership.
What is the significance of the date mentioned in the codicil?
The date mentioned in the codicil indicates when the amendments or additions were made and helps establish the order of priority if multiple codicils exist.
What are the criteria for successfully incorporating unexecuted documents into a will?
To successfully incorporate an unexecuted document into a will, the document must exist when the will is executed, the will must refer to the document as being in existence at the time of execution, and the document must be clearly identified in the will.
Can a will made in contemplation of a hypothetical marriage or civil partnership be effective?
No, it is not possible to avoid revocation by making a will in contemplation of a hypothetical marriage or civil partnership. The will must be specific to the intended spouse/civil partner and the planned ceremony.
What is the process of amending a will?
The process of amending a will typically involves creating a codicil or executing a new will that revokes the previous one.
What happens to a will when a testator divorces their spouse or dissolves their civil partnership?
By virtue of Section 18A of the Wills Act 1837 (or Section 18C for civil partnerships), the court order confirming the divorce or dissolution operates as a limited/partial revocation of the will. The will takes effect as if the former spouse or civil partner had died on the date of the court order, unless the will expressly states otherwise.
What is the effect of executing a codicil on a will?
Executing a codicil republishes the will it refers to, meaning that the will is given effect as if it had been executed on the date the codicil was executed. General rules of construction would use the date of the codicil when considering clauses in the original will.
What are the consequences of revocation by divorce or dissolution of a civil partnership?
The appointment of the former spouse/civil partner as executor or trustee is not effective, and any gift in the will to the former spouse or civil partner will fail. The remaining provisions of the will depend on the specific wording and may result in alternative beneficiaries receiving the assets or partial intestacy.
