dee Catt ea All ol SQE Flashcard
Wills And The Administration of Estates (FLK2)
THE VALIDITY OF A WILL AND INTERPRETATION OF Must be in writing and the testator must sign it, or It is advisable to appoint two executors to enable the
THE CONTENTS OF A WILL another person must sign it in their presence and at proceeds of sale for any trust for land to be paid
their direction An executor can claim for out of pocket expenses for
THE DISTRIBUTION OF TESTATE, INTESTATE AND Must appear that the testator intended by their their role but not remuneration
PARTIALLY INTESTATE ESTATES signature to give effect to the will S.29 of the Trustee Act 200@ allows the payment of
Signature must be either made or acknowledged in the reasonable remuneration to a trustee (including a PR)
VALIDITY OF WILLS AND CODICILS presence of at least two witnesses present at the same if they are acting in a professional capacity or are a
time trust corporation
Three requirements for a valid will and codicil by testator: Each witness must sign the will, or acknowledge their
¢ Testamentary capacity signature, in the presence of the testator (but not The Renunciation Of Power:
General and specific intention to make the will necessarily in the presence of any other witness) An executor who does not wish to be involved in the
Signature and the form of the will must comply with sS.9 requirements must be complied with or the whole of administration of the estate may renounce the right to
the required formalities the will, will be invalid probate
Privileged Wills: The will of a soldier, sailor or To renounce, the executor must sign a written
Testamentary Capacity: aviator on active military service, or ‘any mariner or renunciation which is filed at the Probate Registry
Testamentary capacity means: seaman’ at sea, does not have to meet the requirements An executor may only renounce if he has not accepted the
* A certain level of understanding which varies of s.9 role of executor or intermeddled with the estate
according to the complexity of the will itself (Banks The statutory requirement is for each witness to sign in If he has accepted the role of executor, he must seek
v Goodfellow) the presence of the testator. There is no requirement probate
¢ Is over 18 years of age for each witness to be present at the time of the
Must have capacity at the time of executing the will other’s signature ALTERATIONS AND AMENDMENTS TO WILLS
otherwise void (subject to the Rule in Parker v Felgate) A will cannot make a valid gift to:
Parker v Felgate: A will can be valid if the testator has * A witness Amendments include:
capacity when they give instructions for the will even if * The witness’s spouse or civil partner Insertions in the text of the will or between the
they lose capacity by the time the will is executed ¢ A beneficiary whose interest derives from any of these lines of the will
Additions at the end of the will
Intention/Duress And Undue Influence: PERSONAL REPRESENTATIVES (‘PR’) Deletion of text that can still be read
The testator must have: Obliteration of text that can no longer be read
¢ General intention to make a will The appointment of a PR may be as:
¢ Specific intention to make this particular will Executor - Where the deceased left a will appointing Effect Of Alterations Made To Wills Before And After
.
Presumption of knowledge and approval is satisfied if the an executor Execution:
testator has capacity when he executes the will unless: Administrator - Where there is a will but no executor It’s good practice to ensure all alterations and
.
* Testator is blind or illiterate or not personally willing or able to act or there is no will amendments before or after execution of the will, are
signing; or witnessed and signed in accordance with s.21, Wills
* Suspicious circumstances exist around the execution of The Appointment Of Executors: Act 1837 (i.e no alteration in a will shall have effect
the will The deceased’s will may indicate who the executor is by: unless executed as a will)
* Express appointment
Formal Requirements: ¢ Nomination
Standard formalities for executing a will (s.9, Wills ¢ Appointment of partners in a firm
Act 1837): © Appointment as executor of a trust corporation
Wills And The Administration of Estates (FLK2)
THE VALIDITY OF A WILL AND INTERPRETATION OF Must be in writing and the testator must sign it, or It is advisable to appoint two executors to enable the
THE CONTENTS OF A WILL another person must sign it in their presence and at proceeds of sale for any trust for land to be paid
their direction An executor can claim for out of pocket expenses for
THE DISTRIBUTION OF TESTATE, INTESTATE AND Must appear that the testator intended by their their role but not remuneration
PARTIALLY INTESTATE ESTATES signature to give effect to the will S.29 of the Trustee Act 200@ allows the payment of
Signature must be either made or acknowledged in the reasonable remuneration to a trustee (including a PR)
VALIDITY OF WILLS AND CODICILS presence of at least two witnesses present at the same if they are acting in a professional capacity or are a
time trust corporation
Three requirements for a valid will and codicil by testator: Each witness must sign the will, or acknowledge their
¢ Testamentary capacity signature, in the presence of the testator (but not The Renunciation Of Power:
General and specific intention to make the will necessarily in the presence of any other witness) An executor who does not wish to be involved in the
Signature and the form of the will must comply with sS.9 requirements must be complied with or the whole of administration of the estate may renounce the right to
the required formalities the will, will be invalid probate
Privileged Wills: The will of a soldier, sailor or To renounce, the executor must sign a written
Testamentary Capacity: aviator on active military service, or ‘any mariner or renunciation which is filed at the Probate Registry
Testamentary capacity means: seaman’ at sea, does not have to meet the requirements An executor may only renounce if he has not accepted the
* A certain level of understanding which varies of s.9 role of executor or intermeddled with the estate
according to the complexity of the will itself (Banks The statutory requirement is for each witness to sign in If he has accepted the role of executor, he must seek
v Goodfellow) the presence of the testator. There is no requirement probate
¢ Is over 18 years of age for each witness to be present at the time of the
Must have capacity at the time of executing the will other’s signature ALTERATIONS AND AMENDMENTS TO WILLS
otherwise void (subject to the Rule in Parker v Felgate) A will cannot make a valid gift to:
Parker v Felgate: A will can be valid if the testator has * A witness Amendments include:
capacity when they give instructions for the will even if * The witness’s spouse or civil partner Insertions in the text of the will or between the
they lose capacity by the time the will is executed ¢ A beneficiary whose interest derives from any of these lines of the will
Additions at the end of the will
Intention/Duress And Undue Influence: PERSONAL REPRESENTATIVES (‘PR’) Deletion of text that can still be read
The testator must have: Obliteration of text that can no longer be read
¢ General intention to make a will The appointment of a PR may be as:
¢ Specific intention to make this particular will Executor - Where the deceased left a will appointing Effect Of Alterations Made To Wills Before And After
.
Presumption of knowledge and approval is satisfied if the an executor Execution:
testator has capacity when he executes the will unless: Administrator - Where there is a will but no executor It’s good practice to ensure all alterations and
.
* Testator is blind or illiterate or not personally willing or able to act or there is no will amendments before or after execution of the will, are
signing; or witnessed and signed in accordance with s.21, Wills
* Suspicious circumstances exist around the execution of The Appointment Of Executors: Act 1837 (i.e no alteration in a will shall have effect
the will The deceased’s will may indicate who the executor is by: unless executed as a will)
* Express appointment
Formal Requirements: ¢ Nomination
Standard formalities for executing a will (s.9, Wills ¢ Appointment of partners in a firm
Act 1837): © Appointment as executor of a trust corporation
