Revocation of a will definition

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Probate actions—revocation of grant

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for the non-contentious probate applications and processes contained in the following rules: NCPR 1987, SI 1987/2024, rr 10(1)(b), 12(1), 12(2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), 44(10), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3), 55(2) and 55(3). This makes permanent the temporary provisions introduced by the President of the Family Division at the start of the coronavirus (COVID-19) pandemic. See: LNB News 01/10/2020 19.Types of revocationThere are two areas in which an action involving revocation may occur:•where there is a challenge, on an application to prove a Will in solemn form, that the Will was revoked•on a claim for the revocation of a grantIn respect of a challenge that a Will was revoked, there may be consequential actions:•a claim for breach of contract not to revoke a Will•a claim on the basis of proprietary estoppel•a claim to enforce an agreement to make mutual WillsIn order to deal with a challenge that a Will was revoked, it is necessary to examine the rules relating to Will revocation.Will revocationA Will can only

Revocation of Wills

A Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation). Apart from these methods, and where there has been an obliteration under data-ln-csis="274768" data-ln-lnis="4ST8-60R0-TWPY-Y104-00000-00">section 21 of the Wills Act 1837 (WA 1837), an attempt to revoke the Will by any other method will be ineffective. For example, a Will is not revoked by a presumed intention or a change of circumstances unless the change of circumstances is specified in WA 1837.Involuntary revocationA Will is revocable by operation of law on the testator’s:•marriage•civil partnershipCertain provisions of a Will are revocable by law on:•divorce or nullity of marriage•dissolution or nullity of civil partnershipInvoluntary revocation, or revocation by operation of law, is confined to these circumstances.For Wills made on or after 1 January 1983, WA 1837, s 18 (as substituted by section 18 of the Administration of Justice Act 1982) provides that a Will shall be revoked by the testator's marriage. This rules is subject to the following exceptions in WA 1837, s 18(2)–(5) so that:•a disposition in a Will in exercise of a power of appointment takes effect notwithstanding the testator's subsequent marriage, unless

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A testator makes an English law Will whilst resident and domiciled in the UK. If the testator later acquires a new domicile of choice and forms a same-sex marriage which would revoke the English Will under English law but not under the law of his new domicile, what is the status of the Will?

A testator makes an English law Will whilst resident and domiciled in the UK. If the testator later acquires a new domicile of choice and forms a same-sex marriage which would revoke the English Will under English law but not under the law of his new domicile, what is the status of the Will? We have assumed that this Q&A relates to a scenario in which the testator has not made any other Will (eg in another jurisdiction) and also that the English law Will does not contain any declarations as to domicile or choice of law. This Q&A does not state the nationality of the testator, which may also be relevant (see below). In considering the impact of a subsequent same-sex marriage on the validity of the testator’s earlier English law Will but where the testator is now domiciled abroad, questions arise as to the formal validity of the Will and the essential validity of its contents in light of the relevant law applicable to the succession of the testator’s estate. Formal validity of Will Wills Act 1963 (WA 1963), which came into operation on 1 January 1964, relaxed the statutory provisions and common law rules in cases where the testator had any foreign connection or any foreign element. The Act applies, whatever the date of the Will or codicil, to testators dying on or after 1 January

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Private Client weekly highlights—19 September 2019

This week's edition of Private Client Weekly highlights includes: (1) A High Court decision concerning the application by a professional trustee to the court for directions to end the deadlock regarding the winding-up of a discretionary Will trust; (2) S Hoey v HMRC, a case about discovery assessments and the transfer of assets abroad regime; (3) HMRC’s new stamp taxes newsletter, and (4) The UK’s first hearing using only digital evidence takes place in Scotland.

View the latest Halsbury's Laws of England documents on Revocation of a will

88. General rule as to revocation by marriage.