Topic > Case study: Determining whether a validly executed will exists...

Troublesome question AThe first thing to determine is whether a validly executed will existed and, if not, whether under the inheritance rules there are provisions for the person. Sarah and Holder died with validly executed wills, so on the face of it their estates are distributed accordingly. When it comes to the right to jacks. At first glance, Sarah had nothing left to do. Although Sarah and her ex-husband (Carl) had agreed to leave their property to Jack and had made mutual wills to that effect. However wills are ambulatory in nature, a person can revoke their will as much as possible while they are alive. Wills Act 1837 S.20 "A person may revoke his will by writing another." While S18 of this deed also says that "if you marry or enter into a civil partnership any will made before the marriage will be revoked", so the mutual will made by Sarah and Carl as Jack being the legatee is revoked. There are, however, some exceptions that may benefit Jack. If it appears from the will that at the time the testator made it he expected to marry a particular person and that he intended that the will not be revoked by marriage, the will cannot be revoked by marriage to that person. person. Secondly, another question to ask is: did the parties intend the wills to be irrevocable? Assuming they did, they should be evidenced in the will with the help of a lawyer; they would have expressed their will of irrevocable will Re Dale [1994] CH 31 . If either of these two exemptions occurs, Jack will be entitled to all of his mother's property. Furthermore, under the Inheritance (Family and Defendants Provisions) Act 1975,...... middle of document...... 1984 ]Crabby v Arun DCMoffatt v Kazana [1969]Michael Doherty page 92Grant v Edwards [1986]Parker v British Airways Board [1982]Waverley BC v Fletcher [1995]Armory v Delamirie (1722),Elwes v . Brigg Gas Co (1886) 33 Ch.D. 562 Rosset and Another [1990] SECONDARY SOURCES TEXTBOOKS Jenny Steele, Case Text and Material on Tort Law, 2nd Edition (Oxford University Press) Michael Doherty, Equity and Trust, 4th Edition, (Old Bailey Press) Smith, Roger j. Property Law 7th edition (Harlow: Pearson, 2011) Edwards and Stockwell, Trusts & Equity, 19th edition (London: Sweet & Maxwell, 2011) Thompson, Mark P, Modern Land Law, 5th edition (Oxford University Press 2012) Elmer Doonan, revised and updated by Andrew J Culter Equity and trusts, 16th edition Gray, Kevin & Gray, Susan F. Land Law, 7th edition (Oxford University Press 2011)