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10 Cards in this Set
- Front
- Back
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post 13 March 2014? |
Post this date marriage in a will refers to a couple of the opposite sex |
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What are 3 components for a valid will? |
Capacity (bank and good fellow is the test. The testator must understand the NEM Nature if making a will Extent of his property Moral claims he ought to consider
Intention S.9 wills act 1937 formality |
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Testamentary capacity must exist at the time the will is executed? What is the exception to TCapacivity True or false |
True Exception to the rule is Parker feldgate. |
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Can a will be valid without an attention clause? What does a correctly drafted attestation clause raise the presumption of. |
A will can be valid without attestation clause provided that s.9 WA procedure was in fact followed pg 26 workbook will. To be effective the attestation clause must state that the formalities under s.9 have been complied with.
Valid attestation clause raises the presumption that the will is validly executed. |
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Is a will invalid without a date? |
No, a will is not invalid without a date. It doesn’t matter where the date of the will appears. |
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To be a valid codicil the codicil must comply with the same requirements as a will. CIA? True or false |
True - ents as a will CIF - capacity Intention Formality
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I give my house to the youngest son of my friend? This gift would go to the youngest son at the time of the will, but if a codicil is created at a later date it rebublished the will. So it would be what? |
It would be the new date of the codicil. I .e the youngest son at the time the codicil was executed. Note risk of error codicil better to redraft will |
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An untreated alteration made after the will has been executed is invalid under s.21 WA? t or F |
True |
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What is the effect of invalid alterations? |
Apparent - if Original wording can be seen. Ignore alteration
Not apparent - beneficiary losses out out
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If a testator divorces his or her wife is the will still valid? Is the appointment of the former spouse as executive or trustee effective? True or false? |
Yes the will is still valid when a person gets divorced. However from the point the decree is absolute it is treated as if the spouse died on the date of the decree . S.18 WA - the gift to your former spouse fails, provisions subject to contrary intention |
