Revocation, republication and revival

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Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Revocation, republication and revival content

Practice notes
Statutory provisionsThe general ruleThe general rule is that marriage automatically revokes any Will made by either party before the marriage. The...
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9th Apr
Practice notes
Modes of voluntary revocationA Will is regarded by the law as revocable by the testator until their death. A testator may not revoke their Will in any...
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9th Apr
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Apr
Practice notes
Conditional revocationRevocation of the whole or part of a Will or codicil by destruction, or by another Will or codicil, requires an intention to...
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9th Apr
Practice notes
Nature of republicationPublication was a declaration by the testator to the witnesses that the Will was theirs.The process of publication of a Will is...
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9th Apr
Practice notes
Modes of revivalA testator who has revoked their Will either with or without making a new one may wish to revive that Will. The testator may write out...
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9th Apr
Q&As
For the purpose of this Q&A we have assumed that the testator and the putative civil partner are both resident in the UK and that the civil...
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15th Feb
Q&As
Section 18(1) of the Wills Act 1837 (WA 1837) provides that, subject to the exceptions in WA 1837, s 18(2)–(5), a Will shall be revoked by the...
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15th Feb
Practice notes
In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership...
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2nd Feb
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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1st Feb
Q&As
Presumption of revocationThe question is referring to the presumption of law that if a Will can be traced back to the possession of the testator and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Jan
Q&As
For the purposes of this Q&A, we have assumed that both Wills, and the codicil, were all validly executed in accordance with the Wills Act...
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29th Nov

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