Wills and Succession Flashcards

Under the Wills Act 1837 (as amended), what is the minimum age to make a valid will in England and Wales?

Answer: 18

The Wills Act 1837 requires a testator to be at least 18 years old to make a valid will, with a narrow exception for soldiers in actual military service and mariners at sea.

How many witnesses must be present and sign a will for it to be valid under section 9 of the Wills Act 1837?

Answer: Two witnesses present at the same time

Section 9 of the Wills Act 1837 requires the testator's signature to be witnessed by at least two persons present at the same time who each attest and sign the will.

What is the legal effect of marriage on a will that was made before the marriage under English law?

Answer: The will is automatically revoked unless made in contemplation of that marriage

Under s.18 Wills Act 1837, marriage automatically revokes any existing will unless the will expressly states it was made in contemplation of that specific marriage.

The test for testamentary capacity was established in Banks v Goodfellow (1870). Which element is NOT part of that test?

Answer: The testator must have obtained independent legal advice

Banks v Goodfellow sets a four-part test focused on understanding and freedom from disorder; there is no requirement that the testator obtain independent legal advice, though it is good practice.

What is a 'codicil' in the law of wills?

Answer: A supplementary document that amends an existing will without revoking it entirely

A codicil is a formal testamentary document that amends, modifies, or supplements an existing will and must comply with the same execution formalities as a will under the Wills Act 1837.

Under the intestacy rules in England and Wales (Administration of Estates Act 1925 as amended), what does a surviving spouse receive when the deceased also left children?

Answer: Personal chattels, a statutory legacy, and one half of the residue

On intestacy with a surviving spouse and children, the spouse receives personal chattels, the statutory legacy (currently £322,000), and one half of the residue; the children share the other half equally.

What is the doctrine of 'ademption' in succession law?

Answer: The failure of a specific legacy because the subject matter no longer forms part of the estate at the testator's death

Ademption occurs when the specific item bequeathed no longer exists in the estate at the date of death, causing the gift to fail entirely; the beneficiary receives nothing in its place.