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20200413
REVOCATION AND VARIATION
Description
Mind Map on REVOCATION AND VARIATION, created by Aamir A on 16/11/2019.
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lpc
wills
law
Mind Map by
Aamir A
, updated more than 1 year ago
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Created by
Aamir A
about 5 years ago
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Resource summary
REVOCATION AND VARIATION
AUTOMATIC
MARRIAGE
DIVORCE
LIMITED REVOCATION. ANYTHING TO DO WITH FORMER SPOUSE, DEALT WITH AS IF THEY HAD DIED.
DELIBERATE ACT
LATER WILL OR CODICIL
DESTRUCTION
ACT OF DESTRUCTION
MUST BE DONE BY TESTATOR, OR IN PRESENCE AND DIRECTION OF THEM
AN INTENTION TO REVOKE. MENTAL CAPACITY IS NEEDED. ACCIDENTAL REVOCATION
IF A NEWER WILL CANNOT BE FOUND, IT IS PRESUMED TO BE DESTROYED
S.20; ONLY TO THE EXTENT THAT IT IS INCONSISTENT WITH THE PREVIOUS WILL
SECTION 21; NO ALTERATION MADE AFTER EXECUTION IS VALID
UNLESS ORIGINAL WORDING IS LOST
VALID ALTERATIONS
MADE BEFORE EXECUTION
AN UNATTESTED ALTERATION IS PRESUMED TO BE MADE AFTER EXECUTION
MADE AFTER THE WILL BUT DULY EXECUTED
INVALID ALTERATIONS
IT IS UNATTESTED AND MADE BY THE TESTATOR AFTER EXECUTION
MADE BY SOMEONE ELSE AND WITHOUT KNOWLEDGE AND APPROVAL
MADE BY TESTATOR WITHOUT INTENTION
MAY STILL BE ADMITTED IF ORIGINAL WORDING IS NOT APPARENT
IF THERE HAS BEEN AN ATTEMPTED SUBSITUTION, THE COURTS MAY ALTER THE WILL TO GIVE AFFECT
INCORPORATION BY REFERENCE
A DOCUMENT NOT DULY EXECUTED MAY BECOME PART OF THE WILL
MUST BE A) CLEARLY IDENTIFIED B) MUST EXIST AT THE DATE OF THE WILL C) DOCUMENT MUST BE REFFERED INTO WILL AS ALREADY EXISTING
LEGACY
SPECIFIC
GENERAL
DEMONSTRATIVE
PECUNIARY
RESIDUARY
EMBRACE ALL OF THE REST OF THE DECEASED PROPERTY
ALL GIFTS MAY FAIL; AND THEY MAY PASS UNDER INTESTACY OR FALL INTO ESTATE
COMMORIENTES; YOUNGER SURVIVED ELDER
GIFT OF MONEY, GENERAL IN CHARACTER BUT MAY BE SPECIFIC OF DEMONSTRATIVE
GENERAL IN CHARACTER, SPECIFIC IN SOURCE; PARTIAL MAY BE TAKEN FROM GENERAL SOURCE AND REMAINDER TREATED AS GENERAL LEGACY
UNDISTINGUISHED GIFT OF PROPERTY; NO ADEMPTION.
GIFT OF PROPERTY. ADEMPTION APPLIES
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