Skip to main content

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 


Labels:

Comments

Post a Comment

Popular posts from this blog

Right to passage

The international law does not clearly define the control of the right to passage. Even though if defined who could exercise control over the passsge is the question  The strait of Hormuz now blocked by the country of iran is widely condemned by the United Nations What could be reason is it really war or anything else for the condemning nations  First was this opposed by the Russia china and India? What could be the reasons whether is this the only war that affects the lives of people or the lives of people was immaterial in earlier and on going wars . Was Iran doing the right thing by blocking the strait of hormuz , any nations who s threatened could defend themselves but is the Real defence mechanism  What is the strait jacket formula in war . Ukraine and Russia was into war for the last two years was anyone worried other than the two  anyhow the only affected would the civilians in the war and not the heads so many battered displaced does it even matter ? Put your...
Post a Comment
Read more

Maintenance for wife /children

The question here would be whether the wife is entitled to maintenance even after divorce ? Is she entitled to maintenance after mutual consent? Does the children born out of the wedlock is entitled to maintenance? These questions are answered here This is applicable to all women irrespective of religion. The wife can claim maintenance even after divorce until she is remarried. The children is entitled to maintenance . For further details consultant your advocate .
Post a Comment
Read more

Witness

 Who are competent witness 1 any body can be a witness if they can understand the question put forward and answer the question I respect of age and if he a lunatic he is not prevented from giving witness  2. Accomplice  The person who would be the co accused whom might I in turn change as approver  Is the witness a credit worthy witness or he has given the witness due to coersion  The prosecution must prove that based on independent and material evidence rather the conviction merely on accomplice witness  The question would be in case of rape there is no accomplice   The victim is the witness why not unless and until if the victim is it married and of tender age. Post your thought and comments .
Post a Comment
Read more