Wills: Exam Cheat Sheet
Valid will
Capacity (18 or over, presumption where will appears rational) affidavit
of doctor may be required to obtain grant
Intention (presumed where signed themselves, not presumed where
suspicious/ did not sign themselves) affidavit of witness may be
required to obtain grant
Executed in accordance with s39 WA (signed in the presence of two
witnesses, presumed where there is an attestation clause).
Intestacy – occurring where no will or the will partially fails/is invalid
Surviving spouse /civil partner – receives chattels, statutory legacy of
£322,00 and half of the estate on trust. Other half goes to the statutory
trusts (where none, all to the partner). Spouse must survive them by 28
days.
No surviving spouse/civil partner – statutory trusts, parents,
brothers/sisters, half siblings, grandparents, uncles/aunts, half
uncles/aunts, bona vacantia.
2005 Gender Recognition Act – a will created before this will not allow a
transgender person to claim .
Reading will – other evidence will only be considered where the will is
meaningless/ambiguous or ambiguous in the light of the surrounding
circumstances.
Gifts failing where:
Invalid gift
Lapses on death – where phrasing ‘equal portions’ that portion will pass
with the deceased persons intestacy
Divorce
Ademption of specific gifts – asset has changed since the will was
created (unless phrasing such as ‘my jewellery’).
Revocation
Later will/codicil executed in accordance with S9 WA (doctrine of
conditional revocation to be considered).
Destruction + intention to do so
Marriage (unless will made in expectation of marriage to a specific person)
Mutual will – agreement surviving partner will not revoke will (acts as a
contractual agreement)
Alteration
Executed in accordance with s9 WA
Attestation clause recommended
Valid will
Capacity (18 or over, presumption where will appears rational) affidavit
of doctor may be required to obtain grant
Intention (presumed where signed themselves, not presumed where
suspicious/ did not sign themselves) affidavit of witness may be
required to obtain grant
Executed in accordance with s39 WA (signed in the presence of two
witnesses, presumed where there is an attestation clause).
Intestacy – occurring where no will or the will partially fails/is invalid
Surviving spouse /civil partner – receives chattels, statutory legacy of
£322,00 and half of the estate on trust. Other half goes to the statutory
trusts (where none, all to the partner). Spouse must survive them by 28
days.
No surviving spouse/civil partner – statutory trusts, parents,
brothers/sisters, half siblings, grandparents, uncles/aunts, half
uncles/aunts, bona vacantia.
2005 Gender Recognition Act – a will created before this will not allow a
transgender person to claim .
Reading will – other evidence will only be considered where the will is
meaningless/ambiguous or ambiguous in the light of the surrounding
circumstances.
Gifts failing where:
Invalid gift
Lapses on death – where phrasing ‘equal portions’ that portion will pass
with the deceased persons intestacy
Divorce
Ademption of specific gifts – asset has changed since the will was
created (unless phrasing such as ‘my jewellery’).
Revocation
Later will/codicil executed in accordance with S9 WA (doctrine of
conditional revocation to be considered).
Destruction + intention to do so
Marriage (unless will made in expectation of marriage to a specific person)
Mutual will – agreement surviving partner will not revoke will (acts as a
contractual agreement)
Alteration
Executed in accordance with s9 WA
Attestation clause recommended
