Study Set Content:
1- Flashcard

Is a clause in a will that states that T cannot ammend the will valid?

No, not valid or binding.

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2- Flashcard

2 main ways a will can be amended...

  1. Changes/amendments can be made by using codicil (codicil must comply wit s2(1)(a) formalities)
  2. Changes can be made to an existing will by interfering with writing (must comply with S2(1)(b) formalities)
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3- Flashcard

Amendments made before execution

Amendments made during drafting of will, no formalities have to be complied with but it is customary for T and witnesses to sign next to amendment

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4- Flashcard

Amendments made after execution

Valid will has already been executed, now T wants to make changes. Amendments must comply with S 2(1)(b) in order to be valid

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5- Flashcard

If lines are drawn through all three pages of will this constitutes a

Revocation of the will and not amendment

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6- Flashcard

Examples of amendments

Inserting words, altering words, crossing out, using tippex, cutting out etc

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7- Flashcard

What are the formality requirements for amendments ito S2(1)(b)

i Where an amendment is made, amendment is identified by T or amanuensis signature

ii. T or amanuensis must sign amendment in the presence of 2 competent witnesses

iii. 2 competent witnesses must identify the amendment by signature in the presence of each other and T or amenuensis

iv Where T uses mark to identify or amanuensis signs the amendment CoO must be present

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8- Flashcard

Where should T or amanuensis make signature to identify amendment

As close to the amendment as possible

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9- Flashcard

Where does witnesses have to sign to identify amendment

Next to the amendment

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10- Flashcard

Do the witnesses have to be the same witnesses who signed the original will

No, witnesses acknowlidging amendment can be other people

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11- Flashcard

Cerificate wording of CoO in case of amendment

Certificate must state that CoO is satisfied with the identity of T and that it is the wishes of T to make this amendment.

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12- Flashcard

Section 2(3) regarding condonation of will applies to

  1. Non-complience with formalities of execution of will ito S2(1)(a)
  2. As well as non-complients with formalities for the amendment of a will S2(1)(b)
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13- Flashcard

Three requirements for condonation of amendment

  1. Amendment must be a written document
  2. Amendment must be drafted/executed person who has since died since the drafting thereof
  3. The intention for this amendment to be the final amendment must exist
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14- Flashcard

Cases of amendment

  1. Smith v Parsons
  2. Taylor v Taylor
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