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Will formalities, revocation and the claims on the estate
A will signed by the solicitor at the testatrix’s direction while she was sedated, witnessed by two people who never read it, and later torn up on the telephone. Execution, revocation, the legal right share and section 117 in one question.
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What this model answer covers
Sections in the full LawShortcut model answer:
- Reading the question
- Issue 1 — Execution: writing, and the signature made by another hand
- Issue 2 — The witnesses: presence, acknowledgement, and the irrelevance of contents
- Issue 3 — Capacity, and knowledge and approval
- Issue 4 — Is the solicitor disqualified? Sections 81 to 84
- Issue 5 — Was the will revoked? Section 85 and section 86
- Issue 6 — Conditional revocation and dependent relative revocation
- Issue 7 — The husband if the will stands: legal right share and election
- Issue 8 — Does the affair cost the husband anything? Section 120
- Issue 9 — The daughter’s claim under section 117
- Issue 10 — If the will falls: intestacy
- Overall advice
Full model answer
Read the complete LawShortcut model answer — reading the question, the law, application to the facts, where the marks live, the authorities relied on and the reusable structure.
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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