WILLS AND ADMINISTRATION OF ESTATES
Validity of will and codicil: ● 18+
● Capacity - soundness of mind
○ Bank v Goodfellow - Knowledge - extent - moral
claim
○ Burden = Person asserting validity of the will
○ Exc = Presumption of capacity
■ Presumed if rational on the face of it +
nothing to cast doubt on testator's mind
■ Burden on challenger
● Intention - General (doc), Specific (particulars)
○ Presumption = knowledge + approval
○ Factors - (1) Capacity (2) Read & Executed W
○ Exc = (1) Blind/illerate (2) Suspicious circums.
● Formalities - s9 - signed, by testator, in presence of 2
witnesses, who sign in presence of testator
● Challenging Validity
○ Fraud, UI, Force/fear, Mistake
Revocation of a will: ● Automatic revocation - marriage
● Express revocation
○ Execution of new will/codicil
○ Destruction (w/ intention to destroy)
Property passing outside the terms ● Joint tenancy ownership - to the surviving tenant
of a will: ● Trust funds - pass according to the terms of the fund
● Life assurance policies and bank accounts - to the named
beneficiary
● Pensions
Reasons why gifts fail: ● Lapse - falls into residue unless s33 applies
● Ademption - only applies to specific gifts
● Divorce - nullifies gift & executor clause
● Ben/Ben's spouse witnesses the will
● Fails -> Falls into residue
C hildren
Intestacy rules - Statutory Trust: P arents
S iblings (full→half)
G randparents
A unts
U ncles
B ona vacantia
● Statutory legacy - £322,000
Spouse inheritance on intestacy: ● Personal chattels (Tangible moveable assets)
● Half of the remaining estate (the other ½ going to the
Validity of will and codicil: ● 18+
● Capacity - soundness of mind
○ Bank v Goodfellow - Knowledge - extent - moral
claim
○ Burden = Person asserting validity of the will
○ Exc = Presumption of capacity
■ Presumed if rational on the face of it +
nothing to cast doubt on testator's mind
■ Burden on challenger
● Intention - General (doc), Specific (particulars)
○ Presumption = knowledge + approval
○ Factors - (1) Capacity (2) Read & Executed W
○ Exc = (1) Blind/illerate (2) Suspicious circums.
● Formalities - s9 - signed, by testator, in presence of 2
witnesses, who sign in presence of testator
● Challenging Validity
○ Fraud, UI, Force/fear, Mistake
Revocation of a will: ● Automatic revocation - marriage
● Express revocation
○ Execution of new will/codicil
○ Destruction (w/ intention to destroy)
Property passing outside the terms ● Joint tenancy ownership - to the surviving tenant
of a will: ● Trust funds - pass according to the terms of the fund
● Life assurance policies and bank accounts - to the named
beneficiary
● Pensions
Reasons why gifts fail: ● Lapse - falls into residue unless s33 applies
● Ademption - only applies to specific gifts
● Divorce - nullifies gift & executor clause
● Ben/Ben's spouse witnesses the will
● Fails -> Falls into residue
C hildren
Intestacy rules - Statutory Trust: P arents
S iblings (full→half)
G randparents
A unts
U ncles
B ona vacantia
● Statutory legacy - £322,000
Spouse inheritance on intestacy: ● Personal chattels (Tangible moveable assets)
● Half of the remaining estate (the other ½ going to the
