Saturday, February 22, 2020
Law of Succession Essay Example | Topics and Well Written Essays - 3000 words - 1
Law of Succession - Essay Example The witness must not only sign at the bottom of each page but also in the place indicated as ââ¬Å"witness to signâ⬠along with name, address, occupation, the date and the place. (www.wills-scotland-co.uk0. n this case ,Harold should sign the Will at Mariaââ¬â¢s office or at Barbaras house and both the witnesses namely Barbara and her husband Paul should sign the Will immediately after Harold, and they should not leave the room before the signing the Will. Further , Barbara and Paul should not sign at the back of the will and should sign at the bottom of each page but also in the place indicated as ââ¬Å" witness to signâ⬠along with name , address , occupation , the date and the place. Only two. Both the witnesses must be present at the same time when a testator signs the Will. In Re Bravda (1968), it was held that where the Will was witnessed by four witnesses and two of them were beneficiaries and hence the Will was declared as void. (www.funtriva.com). Revocation of a Will includes rules relating to how a valid Will is made unmade or invalid. Section 18 and 20 of the Wills Act 1837 deal with revocation of a Will. However, in case of any dispute, the courts will interpret the rules which offer some quiet challenge and interest in the subject. It is normally revoked ipso facto due to a latter or subsequent marriage. Section 18(1) of the Wills Act 1837 states that though a voidable marriage makes a Will invalid but a void marriage does not revoke a will as held in Re Roberts.1 Under Wills Act 1963, the second instrument is effective to cancel the first Will, if the second Will adheres with any law concerning the legality of the first one, though not effective by the law concerning its own validity. (Collier & Collier 275). In general, a revocation clause will cancel all earlier testamentary aspirations, If intended or worded to act so, but may not be effective if a divergent intention is apparent as
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