Alterations and amendments to wills - Revocation and re-execution of altered wills

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising from the use of the content on this page. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.

Overview

Changing, revoking, and re-signing wills are important aspects of testamentary law, forming a key part of the SQE1 FLK2 exam. Understanding these processes helps ensure a testator's wishes are respected, reducing potential disputes in estate management. This article examines these topics, exploring legal requirements, case law, and practical outcomes to prepare aspiring solicitors for complex scenarios in testamentary matters.

Alterations to Wills

Legal Requirements for Valid Alterations

Altering wills must meet strict legal standards to remain valid. Section 21 of the Wills Act 1837 outlines that changes made after a will's signing need the testator's signature, witnessed by two individuals. This mirrors the original execution process under Section 9 of the Act.

Key considerations include:

  1. Timing of alterations: Changes made before the will's execution are automatically valid.
  2. Witness requirements: Original witnesses aren’t required; new ones must be legally competent.
  3. Positioning of signatures: Signatures should be close to the change to indicate authentication.

Presumption of Alterations

The law assumes any visible alterations occurred after execution unless proven otherwise, as seen in Re Goods of Adamson (1875). The onus is on those relying on alterations to validate them.

Example: Validating Alterations

If Alice wants to change a legacy to her niece from £10,000 to £50,000, she needs to:

  1. Sign near the amendment.
  2. Have two witnesses present for her signing.
  3. Ensure witnesses sign, confirming her action.

Neglecting these steps could invalidate the change.

Revocation of Wills

Statutory Grounds for Revocation

The Wills Act 1837 outlines several ways to revoke a will:

  1. By subsequent will or codicil: Later documents can override earlier wills.
  2. By destruction: The will must be destroyed with intent by the testator or someone directed by them.
  3. By marriage or civil partnership: Marriage generally voids a will, with few exceptions.

Intention to Revoke

The intent to revoke is essential. In Cheese v Lovejoy (1877), it was ruled that destroying a will without intent is insufficient for revocation.

Partial Revocation

Partial revocation by destruction isn't recognized in English law, but it can occur through a codicil or new will that only changes specific parts.

Doctrine of Dependent Relative Revocation

This principle, seen in Onions v Tyrer (1716), suggests that a will's revocation based on a false assumption may be invalid if conditions aren't met as the testator intended.

Example: Revocation Complexities

John writes a will for his sister Mary but thinks she's deceased and tears it up. Since Mary is alive, and without a new will, the doctrine of dependent relative revocation might uphold the original will.

Re-execution of Altered Wills

Process of Re-execution

Re-execution treats the altered will as new, demanding full compliance with execution formalities under the Wills Act 1837.

Steps for re-execution:

  1. The testator signs in the presence of two witnesses.
  2. Witnesses attest and sign the will in the testator's presence.

Partial Re-execution

For specific alterations, partial re-execution is allowed, where only those changes are signed by the testator and witnesses, as in In the Goods of Blewitt (1880).

Legal Effects of Re-execution

Re-execution can:

  1. Validate prior ineffective changes.
  2. Revive a previously revoked will.
  3. Set a new execution date, affecting interpretation.

Example: Re-execution Scenario

Emma's will gives her house to her brother but later changes it to her nephew without witness signatures. To validate, she should re-execute:

  1. Emma signs the will with two witnesses present.
  2. Witnesses observe and sign, confirming Emma's change and setting a new date.

Testamentary Intention and Its Importance

Testamentary intention is the testator's aim to make a binding will. It's vital for the will's validity and any changes or cancellations. Marley v Rawlings [2014] illustrates the importance of respecting the testator's intent, even amid clerical errors.

Courts assess intention by examining:

  1. The scope of changes.
  2. The testator's statements or actions.
  3. The context of alterations or cancellations.

Practical Considerations and Exam Relevance

Solicitors need to be diligent when advising on will alterations, cancellations, or re-signings, ensuring:

  1. Clients understand their actions' legal effects.
  2. Testator’s intentions are clearly documented.
  3. Compliance with legal standards to avoid disputes.

For the SQE1 FLK2 exam, candidates should be ready to:

  1. Deal with scenarios involving change, cancellation, and re-signing of wills.
  2. Use relevant laws and case principles.
  3. Spot potential problems with improperly executed or unclear intentions.
  4. Advise on best practices in testamentary situations.

Conclusion

Understanding the legal framework for altering, revoking, and re-signing wills is essential for the SQE1 FLK2 exam and future practice. Aspiring solicitors must understand both legal details and the principle of testamentary intention to assure a testator's wishes are honored and to prevent legal challenges.

Key takeaways:

  1. Alterations must be executed and witnessed correctly.
  2. Revocation requires both action and intent.
  3. Re-execution can confirm changes and impact legal interpretations.
  4. Testamentary intention is key to will changes’ validity.
  5. Strict adherence to legal requirements is vital to avoid future disputes.