WILLS 2

Question 1

Republication of a will

Answer 1

S34 Wills Act

Question 2

What is republication of a will?

Answer 2

The confirmation or affirmation of the validity and content of a will.

Question 3

How can a will be republished?

Answer 3

1. By re execution with the proper formalities
2. A duly executed codicil containing references to the will or codicil republished.

Question 4

When is the effective date of a republished will?

Answer 4

The effective date is the date the will was made.

Question 5

Revival of a revoked will

Answer 5

S 22 Wills Act

Question 6

How can a revoked will be revived?

Answer 6

1. By re-execution in solemn form with the proper formalities contained in S9 Wills Act
2. By a duly executed codicil showing an intention to revive the earlier document.

Question 7

Circumstances where intention to revoke would not be inferred.

Answer 7

1. Drunkenness
2. Insanity
3. Destruction based on a mistaken belief
4. Accidental destruction or mistake
5. Fits of rage
6. Obliteration of signature without clear evidence of who did it and why it was done.

Question 8

Specific gifts

Answer 8

Adeems

Question 9

General gift

Answer 9

Abates

Question 10

What is Ademption

Answer 10

Ademption refers to the destruction or extinction of a testamentary gift because the bequeathed assets no longer belong to the testator at the time of their death.

Question 11

What is Abatement

Answer 11

If there are insufficient funds in an estate to pay all of the legacies in full, those legacies must abate. That means that they must be reduced proportionately. They abate in the reverse order of distribution.

Question 12

Contents of a residual legacy

Answer 12

1. Properties acquired by the testator after making a will or codicil
2. Gifts that lapsed
3. Failed Gift
4. Property acquired after the testator’s death.
5. Property the men forgot to include as a gift.

Question 13

A gift can fail if the beneficiary h predecessors the testator

Answer 13

S 33 Wills Act

Question 14

Instances when a gift can fail by operation of law.

Answer 14

A beneficiary should not be a witness to a will.

Question 15

A gift can fail on the grounds of public policy

Answer 15

Errington v Errington

Question 16

Other ways a gift can fail

Answer 16

1. Where it promotes an illegal purpose
2. Where the beneficiary is responsible for the testator’s death.
3. Where is uncertainty as to the gift or the beneficiary.
4. Where the beneficiary disclaims the gift.
5. Where there is a presence of vitiating elements/factors e.g undue influence/fraud on the test or may also result in the failure of the gift.
6. Where the failure could also arise where the gift is contingent on a condition which is not fulfilled.

Question 17

Authority for what ademption is

Answer 17

Re Kupyers