Wills 1

Question 1

Capacity

Answer 1

Mental capacity
Over the age of 18
Understands the will
Understands the gifts being disposed of from the estate

Question 2

Formalities to the will

Answer 2

Signed by the testator
In the presence of 2 witnesses
Valid attestation clause

Question 3

Revokation of will - marriage

Answer 3

revoked previous wills unless expressly states except marriage / civil partnership

Question 4

Revokation of will - divorce

Answer 4

Partially revokes the will but only in respects of gifts to former spouse and them being as executors

Question 5

How can gifts fail?

Answer 5

Ademption
Lapse
If they act as a witness

Question 6

Ademption

Answer 6

Failure of a gift by a specific gift in the will failing as it has been destroyed or no longer exists

Question 7

Lapse

Answer 7

Failure of gift by death of beneficiary

Question 8

Witness failure

Answer 8

If they are a witness to the will or the spouse of the witness then their gift automatically fails

Question 9

Lapse information

Answer 9

Lapse when beneficiary does it would automatically pass to their issue - equally if more than one issue.