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Wills & Administration of Estates Revision Notes
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lOMoARcPSD|3013804Wills & Administration of Estates Revision
Notes
Introduction to Professional Practise (University of Law)
, lOMoARcPSD|3013804
Wills & Administration of Estates -
Revision Notes
WILL VALIDITY, INTESTACY &
CLAIMS
, lOMoARcPSD|3013804
Wills & Administration of Estates -
Revision Notes
- ID what PPR is capable of passing by will
- ID whether will is valid
- Effect of a will
- Intestacy rules and who is entitled under the rules
- ID circumstances for claim under IPFDA’75 and factors court consider
Passing independently of will and intestacy
rules
JOINT PROPERTY Passes by survivorship to surviving joint tenant. (not work for TiC – passes
under will (or intestacy rules)).
Nominated property – not in effect
INSURANCE POLICIES Benefit is to deceased unless express benefit to specific individuals (gift on
trust) in two ways:
a) Be for the benefit of spouse and/or children – trust in favour
of named beneficiaries Married Women’s Property Act 1882
OR
b) Policy expressly written in trust for or assigned to
named beneficiaries
Benefit does not belong to policyholder. Death = matures, company pay
proceeds to named benes regardless of will.
PENSION BENEFITS If dies ‘in service’. Lump sum paid by trustees to benes (at discretion of
trustees). Usually of letter of wishes – employee telling who the benes are
to be.
REQUIREMENTS FOR A VALID WILL
CAPACITY ▪ Be 18+ and have requisite mental capacity.
▪ Banks v Goodfellow, testator to understand:
▪ Nature of his act and its broad effect;
▪ General extent of his property; and
▪ Moral claims he ought to consider.
▪ Not suffering insane delusion that affects disposition of property.
▪ Proof and presumptions:
▪ Presumption testator has capacity unless doubts into it,
then prove capacity – Banks v Goodfellow.
▪ Mental Capacity Act is not relevant and common law will prevail.
INTENTION ▪ Proof and presumptions
▪ Presumed that the intention was there unless:
▪ Blind / illiterate / not signing personally – probate
register require evidence to prove knowledge and
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