Podcast
Questions and Answers
What is the primary purpose of revocation in regard to a will?
What is the primary purpose of revocation in regard to a will?
A testator can revoke a will at any time during their lifetime.
A testator can revoke a will at any time during their lifetime.
True
What does 'animus revocandi' refer to?
What does 'animus revocandi' refer to?
Intention to revoke
Destruction of the whole will revokes the will with no need for __________.
Destruction of the whole will revokes the will with no need for __________.
Signup and view all the answers
Which of the following is NOT a method of revocation?
Which of the following is NOT a method of revocation?
Signup and view all the answers
Accidental destruction of a will revokes the will.
Accidental destruction of a will revokes the will.
Signup and view all the answers
What is required for a partial revocation to be valid?
What is required for a partial revocation to be valid?
Signup and view all the answers
Match the following terms with their definitions:
Match the following terms with their definitions:
Signup and view all the answers
In Vimpany v Attridge, what was the reason for revocation of the earlier will?
In Vimpany v Attridge, what was the reason for revocation of the earlier will?
Signup and view all the answers
Ademption occurs when a testator sells the object of a legacy during their lifetime.
Ademption occurs when a testator sells the object of a legacy during their lifetime.
Signup and view all the answers
What is the rebuttable presumption regarding a will that cannot be found after the testator's death?
What is the rebuttable presumption regarding a will that cannot be found after the testator's death?
Signup and view all the answers
In Pienaar v Master of Free State, if the later will appoints an heir, then the dispositive provisions of the earlier will will _____ .
In Pienaar v Master of Free State, if the later will appoints an heir, then the dispositive provisions of the earlier will will _____ .
Signup and view all the answers
Match the following cases with their implications regarding will revocation:
Match the following cases with their implications regarding will revocation:
Signup and view all the answers
Which of the following statements about ademption is true?
Which of the following statements about ademption is true?
Signup and view all the answers
The presumption of destruction does not apply if the will was damaged while in the testator's possession.
The presumption of destruction does not apply if the will was damaged while in the testator's possession.
Signup and view all the answers
What is meant by 'animus revocandi' in the context of will revocation?
What is meant by 'animus revocandi' in the context of will revocation?
Signup and view all the answers
Which of the following actions can revoke a will according to Senekal v Meyer?
Which of the following actions can revoke a will according to Senekal v Meyer?
Signup and view all the answers
Partial destruction of a will does not require compliance with any formalities.
Partial destruction of a will does not require compliance with any formalities.
Signup and view all the answers
What is a revocation clause?
What is a revocation clause?
Signup and view all the answers
Destruction of a will with the intent to revoke is called __________.
Destruction of a will with the intent to revoke is called __________.
Signup and view all the answers
Match the following concepts with their definitions:
Match the following concepts with their definitions:
Signup and view all the answers
In Marais v The Master, what was sufficient to presume the revocation of the original document?
In Marais v The Master, what was sufficient to presume the revocation of the original document?
Signup and view all the answers
An informal revocation document is always valid regardless of intent.
An informal revocation document is always valid regardless of intent.
Signup and view all the answers
When new provisions conflict with previous provisions in a will, those provisions are __________ revoked.
When new provisions conflict with previous provisions in a will, those provisions are __________ revoked.
Signup and view all the answers
What must be clear for a codicil to revive a revoked will?
What must be clear for a codicil to revive a revoked will?
Signup and view all the answers
A testator can revive a lapsed will without any formalities.
A testator can revive a lapsed will without any formalities.
Signup and view all the answers
What section of the Wills Act allows for the revocation of a will by a court order?
What section of the Wills Act allows for the revocation of a will by a court order?
Signup and view all the answers
To establish _________, a document must be produced for the Court's inspection.
To establish _________, a document must be produced for the Court's inspection.
Signup and view all the answers
Match the following cases with their significance regarding will revocation:
Match the following cases with their significance regarding will revocation:
Signup and view all the answers
Which of the following is NOT a requirement for a valid will revival?
Which of the following is NOT a requirement for a valid will revival?
Signup and view all the answers
A court can act on an oral statement to revoke a will.
A court can act on an oral statement to revoke a will.
Signup and view all the answers
What should the testator believe for revival of a lapsed will to be established?
What should the testator believe for revival of a lapsed will to be established?
Signup and view all the answers
Which section of the Wills Act allows revocation by markings made on a copy of a will?
Which section of the Wills Act allows revocation by markings made on a copy of a will?
Signup and view all the answers
Olivier v Die Meester held that an unsigned codicil cannot revoke a validly executed will.
Olivier v Die Meester held that an unsigned codicil cannot revoke a validly executed will.
Signup and view all the answers
What presumption was made in Marais v The Master regarding the testator's actions?
What presumption was made in Marais v The Master regarding the testator's actions?
Signup and view all the answers
The Wills Act also applies to __________ law of succession, allowing a customary will to utilize common law.
The Wills Act also applies to __________ law of succession, allowing a customary will to utilize common law.
Signup and view all the answers
Match the following cases with their key outcomes:
Match the following cases with their key outcomes:
Signup and view all the answers
Study Notes
Revocation of a Will
- A testator can revoke a will at any time during their lifetime.
- Any agreement attempting to restrict the testator's right to revoke is unenforceable.
- There are exceptions to this rule in cases involving mutual wills (massing of estates) and testamentary provisions in antenuptial contracts.
Essential Elements of Revocation
- Animus revocandi: The testator must have the intention to revoke their will.
- Legally recognized act: The intention must be manifested through a recognized legal act.
- Oral revocations are insufficient; a written document or a physical act is required.
- A will that explicitly or impliedly revokes an earlier will does not revive the earlier will.
Methods of Revocation
-
Destruction of the Whole Will: Destruction with the intention to revoke is sufficient to revoke the will. Accidental destruction does not revoke the will.
- This can be done physically or symbolically, such as drawing a line through the will, writing "cancelled" or "revoked" across it, or destroying the signature.
-
Destruction of Part of a Will: Partial destruction constitutes an amendment to the will and must comply with the formalities of amendment.
- The testator must intend to revoke the specific part of the will.
- Destruction can involve physically removing the revoked parts or drawing a line through them.
- Revocation by court order in terms of Section 2A of the Wills Act can be used.
-
Express Revocation: This occurs through a revocation clause in a duly executed will or a testamentary document.
- The execution of a new will does not revoke a previous will unless it includes a revocation clause or other indication of revocatory intention.
- An express revocation in an informal document may be valid if the intention to revoke is clear and the testator's authorship is evident. However, this has limited judicial authority.
-
Implied Revocation: The execution of a new will does not automatically revoke a previous will. All wills in force at the time of death must be read together.
- If the new provisions conflict irreconcilably with the previous will, those provisions will be impliedly revoked.
- The new will must demonstrate a clear intent to alter the entire scheme of estate distribution.
-
Ademption: This is a form of tacit revocation of a legacy where the testator alienates the object of the legacy during their lifetime, causing the legacy to fail.
- The testator is rebuttably presumed to have revoked the bequest of the asset, and the bequest is said to have lapsed by ademption.
Presumptions Concerning Revocation
- Rebuttable Presumption: If a will is found in a damaged state and there is evidence of intent to revoke, it is presumed that the damage was done by the testator to revoke the will.
- Rebuttable Presumption: If a will is in the testator's possession and cannot be found after a diligent search, it is presumed to have been revoked by the testator through destruction and with intent to revoke.
- No Presumption: If a will is damaged while in the possession of a third party, there is no presumption of revocation.
Revival of a Will
- A revoked will can be revived through a codicil if both the revived will and codicil adhere to legal formalities and there is clear intention to revive.
- Intent to Revive: For revival to occur, it must be shown that when executing the new will, the testator knew that the will they intended to revive was no longer in force. If the testator believed the original will was still in force, revival is impossible.
Revocation by Court Order under Section 2A of the Wills Act
- The court can declare a will or part of a will revoked if the testator:
- Made a written indication on the will or caused it to be made before death.
- Performed another act that is apparent from the will, intending to revoke it.
- Drafted another document or caused it to be drafted intending to revoke the will or a part of it.
- Section 2A cannot be used to give legal effect to an oral revocation.
Further Considerations
- Customary Law of Succession: The Wills Act applies to customary law of succession, allowing individuals with customary wills to use the common law and Sections 2A and 2(3) of the Wills Act.
- Section 2(3): If a court is satisfied that a document or amendment drafted or executed by a deceased individual was intended to be their will or an amendment, the court can order the Master to accept it.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the process and legal aspects of revoking a will. It highlights the testator's rights, essential elements for valid revocation, and the methods by which a will can be revoked. Test your understanding of these important legal principles.
