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9 Cards in this Set

  • Front
  • Back
Ambulatory effect
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.
Predeceasing beneficiaries
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.
Capacity to make a will
Succession Act 1965, s77

You have to be of sound mind, and over the age of majority.

Blackhall v Blackhall

Re Glynn
- the will must be written

- 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

- 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
Gifts to witnesses
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
Succession Act 1965, s86

In order to alter a will a new will must be executed.

Formalities that concern wills have to be adhered.
Revocation / Dependant relative revocation
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.
Succession Act 1965, s 87

Can only be done by re-execution
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