wills Flashcards
capcity to make will
T must understand:
a. nature and effect
b. extent of property
c. moral claims
when is capacity presumed
a. will is rational on its face
b. T showed no mental confusion
presumption on knowledg and approval
t has capacity and has read and executed will
how to prevent issue of grant
lodge a caveat which lasts 6 months
citation to take probate
where executor has intermeddled but shows no signg of applying for grnt. if they don’t proceed may apply for passing over
citation to prpound
if another version exists which may affect rights
joointly owned land value discount
10% commercial
15% domestic
finding value of listed shares
lower listed price plus 1/4 of the difference
BPR 100% reduction
a. business or interest in a business
b. unquoted shares
BPR 50% reduction
a. quoted shares where T had over 50% of voting rights
b. land, plant machinery, buildings used for buisness in control of T