Revocation of will
Methods of revocation
Subsequent will or codicil
If a subsequent will or codicil is made the older one is void
Instrument of revocation
By writing saying that the will would be revoked
Destruction of the will
As James said
Therre must be intention and destruction both should be there
Case law
Cheese v lovejoy
The person deleted various parts of the will and back of the will he wrote as revoked and it was later found in heap of waste preserved it was not destroyed though there might be an intention, the will was not effective revoked
Illustration
A person asked his manager to destroy the will,
Will should be destroyed either by himself or in his presence.
Void wills
If there is no express intention
No testamentary capacity
Revocation of will
Dependant relative revocation
If a subsequent will is made the earlier stands void and revoked is said to be dependent relative revocation
In case the later will fails the earlier takes effect.
Effects of Marriage on property
The spouses does not have any present proprietary rights if they die intestate the heirs will take it
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