Wills- Validity Flashcards
When must the testator have capacity?
- When will is executed.
- At the time when they gave instructions for the preparation of the will, will was prepared in accordance with those instructions and at the time the testator understood they were signing a will for which they had previously given instructions.
What are the 3 validity requirements?
- Formalities.
- Capacity.
- Knowledge and approval.
what are the formal requirements under s9 Wills Act 1837?
- in writing and signed by testator.
- signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time time.
- each witness either attests and signs the will or acknowledges his signature in the presence of the testator.
what are the class rules>
general rule is class closes when one member becomes first entitled in possession e.g turns a certain age. (if not date closed on date of death as long as one satisfies provision).
what is the rule under s33 rules act (substitution)
if intended beneficiary dies leaving issue and the issue is living then the bequest will take effect
what are the rules with the word ‘my’?
‘my’ means when the date is made for individual gifts.
if ‘my’ is used for a collection, will still speaks at the date of death.
when is the date on which the will speaks>
usually from the date of the testator’s death (without contrary intention)
what happens if a gifts fails or a residue clause fails?
gift fails= residue.
residue clause fails= intestacy.
what are the requirements to claim under the IPFDA?
- Be within England and Wales.
- spouse, former spouse (if not remarried), cohabitee for two years prior to death, child of the deceased, step children, any person maintained.
- make claim before 6 months after grant of representation was made.
what is a deed of variation>
- in writing.
- 2 years within date of death.
- express provision for it to be read back to the will.
