Wills and Succession

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Who requires a grant of probate?
executors
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who requires a grant of letters of administration?
administrators
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what grant is required when there is no executor named in the will or one able to act?
grant of letters of administration with will annexed
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what are the presumptions of a valid will?
testator has capacity, knowledge and approval of the will and it has been duly executed
4 of 28
how can a will be altered other than a codicil or new will?
writing on the face of the will itself
5 of 28
what section of the WA 1837 refers to a beneficiary losing their gift in a will if they act as a witness?
section 15
6 of 28
what is the leading case on mental capacity?
banks v goodfellow 1870
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if you are married and your estate is worth under 270k, who is entitled to it on your death?
spouse
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if you are married and your estate is worth over 270k, who is entitled to it on your death?
spouse and children with equal split
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what are the formalities of a valid will?
in writing, signed by the testator and witnessed by 2 people
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what is partial intestacy?
where the will doesn't dispose of all of the assets
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what section of the WA 1837 provides that a gift is invalid and fails if there is no substitute beneficiary named?
section 33
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what is an attestation clause?
a clause used to show the will has been executed in the presence of 1 or more witnesses
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who can claim for financial provision under the IPDFA 1975?
spouse or civil partner of the deceased, former spouse, children
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what does a grant of representation do?
confirms the executors of a will
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what does a grant of probate do?
confirms the will is valid
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what is a grant of letters of administration?
a grant issued for someone who died intestate
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summary of abatement?
not enough money in the estate to cover legacies so gifts are reduced in a certain order
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what is adepmtion?
where the gift no longer forms part of the estate and fails
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what is the chain of representation?
where the appointed executor now manages all estates relating to the deceased
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what do the probate registry do?
issue grants so people can legally deal with the estate of a deceased person
21 of 28
what must the testator do in accordance with Banks v Goodfellow 1870?
understand the nature of the will, the extent of their property and be of sound mind
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what does the mental capacity act 2005 presume?
the testator has capacity unless proven otherwise
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what is power reserved?
where an executor renounces their powers and doesn't take an active role in the administration of the estate
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what us a residuary legacy?
a percentage of the estate left as a gift
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what is a pecuniary legacy?
a specific gift such as a sum of money
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what is specific legacy?
a gift of something specific such as a car or a book
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what is general legacy?
a non specific gift or money
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Other cards in this set

Card 2

Front

who requires a grant of letters of administration?

Back

administrators

Card 3

Front

what grant is required when there is no executor named in the will or one able to act?

Back

Preview of the front of card 3

Card 4

Front

what are the presumptions of a valid will?

Back

Preview of the front of card 4

Card 5

Front

how can a will be altered other than a codicil or new will?

Back

Preview of the front of card 5
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