AMENDMENT AND REVOCATION

A testator can only amend their will before it is executed

• True

• False

Adam is about to sign his will. He notices that his sister's name Clare is mispelt on the will as Claire. He crosses out Claire and writes the correct spelling on the will. He signs his will and it is witnessed by his 2 neighbours.

• The amendment is valid because the beneficiary stays the same

• The amendment is valid because it was before execution and the will was written, signed and executed

• The amendment is not valid because Adam did not sign his name by the amendent

• The amendment is not valid because he does not completely obscure the original spelling of Claire

Basma's will leaves £10,000 to a cancer charity. She wants to increase the payment to £15,000. She crosses out £10,000, writes in £15,000 and initials it.

• This is a valid amendment as Basma intended it and has initialled it

• This is a valid amendment as it is charitable

• This is a valid amendent as the beneficiary remains the same

• This is not a valid amendment as it has not been witnessed

How many people have to witness and amendment to a will

• one

• two

• three

• none - witnesses are not needed for a valid amendment

A will is revoked if...

• The testator gets married after the will has been executed

• The testator gets divorced after the will has been executed

• The testator gets married or divorced after the will has been executed

• Neither marriage nor divorce will revoke a will

Chris is planning to enter a civil partnership with Dan next month. Chris has a new will.

• Chris should make Dan the executor in his will then it won't be revoked

• Chris should leave the residue to Dan that it won't be revoked

• Chris should include a statement that his will is made in anticipation of his civil partnership with Dan then it won't be revoked

• A civil partnership does not revoke a previous will

Elaine's will left the residue to her husband Frank and appointed him as her executor. Elaine and Frank have now got divorced

• Elaine's will is revoked

• The will remains valid but Frank can not inherit

• The will remains valid but Frank can not inherit and can not act as executor

• Unless Elaine amends/ revokes the will, Frank can inherit and can be executor

Graham accidentally shreds his will wrongly thinking it is rubbish

• Graham has not revoked his will as he did not intend to destroy it

• Graham has revoked his will as it can no longer be read

• Graham has not revoked his will as this was not witnessed

• Graham has not revoked his will as there may be another copy

Helen's will leaves everything to her girlfriend Isla. Isla and Helen have a big argument and Helen rips her will into four pieces and tells Isla she will not inherit anymore.

• The will is revoked as Helen intends to revoke the will

• The will is not revoked as it is not destroyed

• The will is revoked as she aslo tells Isla she is revoking the will

• As Helen and Isla are not married, Helen can revoke the will

John's will leaves everything to his girlfriend Kirsty. After they split up, John phones his brother Luke and asks Luke to throw his will on the fire. Luke agrees.

• The will is not revoked as John did not destroy the will himself

• The will is not revoked as John was not present as Luke destroyed the will

• The will is not revoked as John did not give Luke written instructions

• The will has been revoked