Wills: Amendment and Revocation

Question 1

Are amendments made after the will is executed valid?

Answer 1

NO, rebuttable presumption that alterations are made after executed UNLESS signed by a testator and two witnesses.

Question 2

what are the three exceptions to the general rule that amendments post execution are invalid?

Answer 2

1. If a blank space has been completed there is a presumption this occurred before execution.
2. Obliteration- treated with intention to revoke and alteration will be effective UNLESS the original wording can be deciphered.
3. conditional revocation- attempt to substitute another figure but failed. extrinsic evidence is permitted to show original wording.

Question 3

what is the effect of a codicil?

Answer 3

acts to republish the will to the extent there is inconsistency between them.

Question 4

how can a will be revoked by destruction?

Answer 4

Must destroy original will with intention to revoke it.

Question 5

what is the effect of marriage on a will?

Answer 5

revokes will in full unless there is a clause that is made in contemplation of marriage.

Question 6

what is the effect of divorce on a will?

Answer 6

partial revocation of will if named executor or any specific gifts.

SUBJECT to any contrary intention in will.