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By Bob McKeon

The purpose of this booklet is to supply samples of the kinds of questions came upon either first and foremost measure point and on degree classes. This 3rd variation has been commonly up to date, together with additional introductory notes and new chapters at the nature of wills and the psychological point, formalities, revocation and changes, and intestacy. The unique assurance of relatives provision, building and the management of estates has additionally been elevated. The components of mutual and privileged wills, and the transforming into variety of judgements related to claims in negligence introduced by way of dissatisfied beneficiaries opposed to solicitors, also are included.

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Succession Q&A 3 e (Q & A)

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Extra resources for Succession Q&A 3 e (Q & A)

Example text

The dispute was settled on the basis that Henry would make a will leaving certain land to them. Henry executed a will leaving the land as agreed with the residue of the estate to his wife. On his death, his widow applied for reasonable provision from the estate. The issue was whether the widow could go against the land specifically devised in seeking an order. The court said yes; by making the will, Henry had discharged his obligation to the sons; therefore, they were in the same position as any other devisee.

Ellen, the daughter, will want to argue that this will is invalid and inadmissible to probate, for she would then be able to take under the terms of the will made in 1980. Is this latest will valid under the terms of s 9 of the Wills Act 1837? The formal requirements set out in s 9 are that the will should be signed or acknowledged by the testator in the presence of two witnesses present at the same time. The facts show that Patrick started to sign the will, but before the signature was completed, he suffered a heart attack and collapsed.

There is no evidence of a gift over and the residue has been given to the three brothers as tenants in common. 5 Ben’s share would therefore be property undisposed of by the will and devolve on intestacy to the surviving blood relatives, namely John and Simon. In any event, given the strength of evidence to mount a challenge on the grounds of lack of mental capacity, it is likely that the 12 VALIDITY OF WILLS: NATURE OF WILLS AND THE MENTAL ELEMENT will would be inadmissible and the whole of Helen’s estate would devolve on intestacy.

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