Podcast Location:
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Categories:
Wills, Inheritance & Succession
CPD Points:
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast outlines the grounds for challenging the validity of a will. It considers the formal requirements needed to make a will legally valid, the test for establishing lack of capacity, the circumstances in which lack of knowledge and approval may arise and the way in which mutual wills operate.

Outcomes:
After completing the course you will:
  • Have considered the formal requirements needed to make a will legally valid;
  • Understand the test for establishing lack of capacity as set out in Banks v Goodfellow;
  • Be aware of the circumstances in which lack of knowledge and approval may arise;
  • Be aware of how minor changes or additions can be incorporated into a will;
  • Know when a will will be considered to have been revoked by destruction;
  • Understand what mutual wills are and how they operate.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Legal Principles
Sources and References:
  • Administration of Justice Act 1982 ;
  • Banks v Goodfellow (1871) LR 11 Eq 472;
  • Barret v Bern & Ors [2012] EWCA Civ 52;
  • Barry v Butlin (1838) 2 Moo PCC 480;
  • Casson v Dade (1781) 28 ER 1010;
  • Gill v Woodall & others [2010] EWHC 3778 (Ch);
  • Hodson Barnes (1926) 43 TLR 71;
  • Key v Key (2010) EWHC 408 (Ch);
  • Killick v Pountney [1999] All ER (D) 365;
  • Marley v Rawlings & Anr [2012] EWCA Civ 61;
  • Mental Capacity Act 2005 ;
  • Parker v Felgate (1883) 8 PD 171;
  • Sherrington v Sherrington [2006] EWCA Civ 1784;
  • Wills Act 1837 .
Tags:

In this podcast Naomi O’Higgins and Clare Pooley from Harcus Sinclair consider the grounds for challenging the validity of a will. They outline the criteria for formal validity of a will, the way in which minor alterations to a will can be made and revocation of a will by destruction.

Date Recorded: 8th November 2012

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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