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9 Cards in this Set
- Front
- Back
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Ambulatory effect
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Succession Act 1965, s 89, 95
Definition : something that is not cast in stone. A will is revocable and it can be altered up until the death of the testator. A will speaks from the death. |
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Predeceasing beneficiaries
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Succession Act 1965, s 91, 97, 98
Generally, the gift lapses. s98 of the 1965 Act holds that the issue of the beneficiary can benefit from the gift. |
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Capacity to make a will
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Succession Act 1965, s77
You have to be of sound mind, and over the age of majority. Blackhall v Blackhall Re Glynn |
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Formalities
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Writting
- the will must be written Signature - the will must be signed by the testator. - however there are exceptions to this - a mark will suffice ; the solicitor can sign in place of the signature - the signature has to be at the bottom of the will because everything after the signature is invalid - Re Beadle Witness - Succession Act 1965, s81 - the signature of the of testator must be witnessed - Brown v Skirron - the view of the witness cannot be obstructed - In b Gibson - the witness cant be blind - witnesses cannot be spouses |
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Gifts to witnesses
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Succession Act 1965, s82
Gifts to witnesses are void. Re Young - a witness can still benefit from a will, if they are a beneficiary under a secret trust in the will |
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Alteration
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Succession Act 1965, s86
In order to alter a will a new will must be executed. Formalities that concern wills have to be adhered. |
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Revocation / Dependant relative revocation
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Succession Act 1965, s85
Revocation can only happen through destruction and creation of a new will (which is consensual) or through marriage (automatic). In b Irvine - it will not suffice to merely destroy the old will - there has to be either an intention to bring another will into effect or a new will has to be created. |
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Revival
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Succession Act 1965, s 87
Can only be done by re-execution |
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Disinheritance
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Succession Act 1965 , s121
There are some limits on disinheritance contained within the Succession Act. This is a limit in the freedom of testation. You cannot give away your property because you dont want your relatives to benefit. - the court can reverse actions that happen 3 years prior to death - unless it was a purchase for value |
