What is the only way T can deprive a once valid will of its legal force?
An act that can occur any time before death where T cancels a will or a part of a will so that it is no longer applicable,
Part of will that remains, remains valid and enforceable
Can T deprive himself of the ability to revoke his will?
Is clause that T cannot revoke or amend his will valid
No because it contradicts T's freedom of testation
Where can revocation not take place
There are two requirement for common law revocation to take place;
Five common law methods of revocation
If T drafted a subsequent will to replace other will and it does not comply with formalities for valid will
Will wil be invalid and revocation clause in new will wil also be invalid
Codicil must also complu wit S21a requirements otherwise it and revocation claus is
If new will/codicicl/revocation doc does not comply wit s21a requirements
Court can condone subsequent will and will then condone
Revocation will as well.
Revocation can only take place 2 reqs
If animus revocandi is present court can
Condone revocation clause ito of Section 2A of WA
from which date is revocationary clause effective
Only takes affect upon T's death
Revocation by destruction
Where T or person acting on behalf of T destroys will with intention to revoke
Will can be destroyed for revocation in 2 ways
Does revocation by destruction have to comply with any formality requirements in order to be valid
Common law also recognises..