WAE 4 - Wills amendments and revocation Flashcards
What are the three main ways to amend a will?
- Manuscript alterations to the original will
- Making a codicil to the existing will
- Revoking the existing will and making a new one
Are alterations to a will valid?
- Alterations before execution are valid
- Alterations after execution are not effective unless:
* The words before the alteration are illegible
* The alteration meets s9 Wills Act 1837 execution requirements
What happens if handwritten changes are made to a will?
- Before execution: Valid
- After execution: Only valid if properly attested
- There is a presumption that alterations were made after execution, unless rebutted with witness evidence
What are the exceptions to the alteration rules?
- Blank spaces completed before execution are presumed valid
- Obliteration is presumed to revoke unless proven otherwise
- Copy of original wording can be admitted if obliteration was unintentional
What is a codicil?
- A formal document that amends, but does not replace, an existing will
- Must meet the same validity requirements as a will
When should a codicil be used instead of drafting a new will?
- Adding new provisions (e.g., adding a new beneficiary)
- Modifying existing provisions (e.g., adjusting a legacy amount)
- Revoking specific provisions (e.g., removing a gift or executor)
What are potential issues when using codicils?
- Inconsistencies between the original will and codicil
- Failing to reference prior codicils, causing confusion
- Too many codicils can create ambiguity
How does executing a codicil affect the original will?
- A codicil republishes the will, making it effective as of the codicil’s date
- Can validate an improperly executed will or confirm prior amendments
Can a codicil revoke a will?
- Yes, either partially or entirely
- If no express revocation clause exists, it only revokes the will to the extent of inconsistency
- If it revokes the will without new terms, the testator may become intestate
How can a will be revoked by destruction?
- The testator must physically destroy it (e.g., tearing or burning) with intent to revoke
- Simply writing ‘revoked’ is not enough
- A will destroyed by another person is only revoked if done at the testator’s direction and in their presence
What is Dependent Relative Revocation?
If a testator revokes a gift intending to replace it, the original gift is not revoked unless the replacement is valid
What happens if a will is missing or damaged?
- Presumption: The testator revoked it
- Can be rebutted if PRs prove:
* A valid will existed at the time of death
* The testator did not intend to revoke it
* The testator did not destroy or order its destruction
How does a new will revoke an old one?
- An express revocation clause cancels all previous wills
- If no revocation clause exists, the new will only revokes the old one where inconsistent
What is the difference between mutual and mirror wills?
Mutual Wills: Legally binding agreement not to revoke without consent
Mirror Wills: Identical wills, but each testator is free to change their will
How does marriage or a civil partnership affect a will?
Automatically revokes a will unless made in contemplation of marriage/civil partnership
How can a will remain valid after marriage?
The will must:
* Name the future spouse/civil partner
* Include express wording stating it remains valid post-marriage
What happens to a will after divorce or civil partnership dissolution?
- Gifts to the former spouse fail
- Executor appointments become ineffective
- The will operates as if the ex-spouse died before the testator
How does the Wills Act handle divorce and dissolution?
s18A (divorce) and s18C (dissolution) treat the former spouse as deceased for inheritance purposes
Can a former spouse still claim against the estate after divorce?
Yes, under the Inheritance (Provision for Family and Dependants) Act 1975
