Extrinsic evidence in the construction of wills

Section 90 of the Succession Act 1965 is broadly worded and the Supreme Court has read it narrowly. This is the most reliably examined single topic in FE-1 Property — the narrow essay appeared in three of the last five sittings, and the wider construction essay in the other two.

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EssaySuccession Act 1965, s 90Outline and assess

Set in three of the last five sittingsTopic appears in all fiveSuccession Act 1965, s 90

What this model answer covers

Sections in the full LawShortcut model answer:

Reading the question
The framework: where extrinsic evidence sits
The common law starting point
Section 90 and the interpretive fork
Rowe v Law: the double requirement
O’Connell v Bank of Ireland: the invitation to overrule, refused
Where the section does operate
Assessment

Full model answer

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Part of the FE-1 Property Repeat Question Model Answers. Every authority checked against primary sources; nothing cited that has not been verified.

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