Wills and Estates 10 Flashcards
What is s9 about?
The validity of a will
What is s15 about?
Prevents witnesses to a will, and their spouses, from taking benefit under that will
What is s18 about?
Wills revoked by marriage
What is s18A about?
ex-wife deemed to have died
What is s.20 about?
A will can only be revoked by:
- another will
- Codicil
- Them signing a revocation provision
- Destruction
What is s.24 about?
A will shall be construed to speak from the death of the testator.
What is s.33 about?
On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it.
If a child in a Will has pre-deceased the testator
The Wills act intervenes to pass the gift on to their children (not intestacy rules)
What is the order for applying for a Grant of representation where there are no executors?
(they will be administrators as they will be appointed by the court rather than the will)
Non-contentious probate rule 20 -
- executor
- any trustee
- any residuary beneficiary
Can a witness be a Spouse or civil partner of a beneficiary?
No, the beneficiary will lose their legacy, but the rest of the will remains valid.
Does the Codicil re-publish the will?
Yes - which means everything in the Will is republished including “my” statements. Also, a codicil witnessed by new witnesses will resolve issues with the original witnesses if they receive gifts under the Will.
What can a non-professional trustee charge to the estate (assuming nothing mentioned in the will)?
Just reasonable expenses, not time.
Is arranging a funeral counted as ‘intermeddling’?
No
If an executor renounces their role, what happens net?
Nothing, they will not be included in the Grant application and do not need to have power reserved. These are two separate things.
Can both executors renounce their executorship?
Yes
