REVOCATION AND VARIATION

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Mind Map on REVOCATION AND VARIATION, created by Aamir A on 16/11/2019.
Aamir A
Mind Map by Aamir A, updated more than 1 year ago
Aamir A
Created by Aamir A over 4 years ago
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Resource summary

REVOCATION AND VARIATION
  1. AUTOMATIC
    1. MARRIAGE
      1. DIVORCE
        1. LIMITED REVOCATION. ANYTHING TO DO WITH FORMER SPOUSE, DEALT WITH AS IF THEY HAD DIED.
    2. DELIBERATE ACT
      1. LATER WILL OR CODICIL
        1. DESTRUCTION
          1. ACT OF DESTRUCTION
            1. MUST BE DONE BY TESTATOR, OR IN PRESENCE AND DIRECTION OF THEM
            2. AN INTENTION TO REVOKE. MENTAL CAPACITY IS NEEDED. ACCIDENTAL REVOCATION
              1. IF A NEWER WILL CANNOT BE FOUND, IT IS PRESUMED TO BE DESTROYED
              2. S.20; ONLY TO THE EXTENT THAT IT IS INCONSISTENT WITH THE PREVIOUS WILL
            3. SECTION 21; NO ALTERATION MADE AFTER EXECUTION IS VALID
              1. UNLESS ORIGINAL WORDING IS LOST
                1. VALID ALTERATIONS
                  1. MADE BEFORE EXECUTION
                    1. AN UNATTESTED ALTERATION IS PRESUMED TO BE MADE AFTER EXECUTION
                    2. MADE AFTER THE WILL BUT DULY EXECUTED
                      1. INVALID ALTERATIONS
                        1. IT IS UNATTESTED AND MADE BY THE TESTATOR AFTER EXECUTION
                          1. MADE BY SOMEONE ELSE AND WITHOUT KNOWLEDGE AND APPROVAL
                            1. MADE BY TESTATOR WITHOUT INTENTION
                          2. MAY STILL BE ADMITTED IF ORIGINAL WORDING IS NOT APPARENT
                            1. IF THERE HAS BEEN AN ATTEMPTED SUBSITUTION, THE COURTS MAY ALTER THE WILL TO GIVE AFFECT
                      2. INCORPORATION BY REFERENCE
                        1. A DOCUMENT NOT DULY EXECUTED MAY BECOME PART OF THE WILL
                          1. MUST BE A) CLEARLY IDENTIFIED B) MUST EXIST AT THE DATE OF THE WILL C) DOCUMENT MUST BE REFFERED INTO WILL AS ALREADY EXISTING
                        2. LEGACY
                          1. SPECIFIC
                            1. GENERAL
                              1. DEMONSTRATIVE
                                1. PECUNIARY
                                  1. RESIDUARY
                                    1. EMBRACE ALL OF THE REST OF THE DECEASED PROPERTY
                                      1. ALL GIFTS MAY FAIL; AND THEY MAY PASS UNDER INTESTACY OR FALL INTO ESTATE
                                        1. COMMORIENTES; YOUNGER SURVIVED ELDER
                                      2. GIFT OF MONEY, GENERAL IN CHARACTER BUT MAY BE SPECIFIC OF DEMONSTRATIVE
                                      3. GENERAL IN CHARACTER, SPECIFIC IN SOURCE; PARTIAL MAY BE TAKEN FROM GENERAL SOURCE AND REMAINDER TREATED AS GENERAL LEGACY
                                      4. UNDISTINGUISHED GIFT OF PROPERTY; NO ADEMPTION.
                                      5. GIFT OF PROPERTY. ADEMPTION APPLIES
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