Revocation, republication and revival

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Practice notes
CORONAVIRUS (COVID-19): Some of the formal requirements for a valid Will in Scotland have been relaxed during the coronavirus pandemic. See News...
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Produced in partnership with Jacqueline Leslie 13th Oct
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 Oct
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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8th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Nature of dutiesThe difference between a duty and a power is:•the performance of a duty is obligatory•powers are to a greater or lesser degree...
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29th Sep
Practice notes
Many individuals have international connections that need to be considered when advising on succession planning. For example, they may have been born...
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Produced in partnership with Russell-Cooke Solicitors 28th Sep
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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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
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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25th Sep
Practice notes
Creation by transfer of property to trusteesIn practice trusts will frequently be created by a settlor transferring assets to independent trustees on...
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25th Sep
Practice notes
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion...
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25th Sep
Practice notes
By this stage, the draftsperson will have met the client to take instructions and obtained all the relevant information regarding their circumstances....
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25th Sep
Practice notes
IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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25th Sep
Practice notes
In order to validate their Wills testators dying before 1 January 1964 must have followed the execution formalities set out in the Wills Act 1837 (WA...
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25th Sep

Most recent Revocation, republication and revival content

Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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25th Sep
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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25th Sep
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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27th Sep
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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28th Sep
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 28th Sep
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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28th Sep
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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28th Sep

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