Wills, Intestacy and Probate Flashcards

Under the Wills Act 1837, how many witnesses must sign a will for it to be validly executed?

Answer: 2

Section 9 of the Wills Act 1837 requires that a will be signed by the testator in the presence of at least two witnesses who then sign in the testator's presence.

What happens to a gift to a witness of a will under the Wills Act 1837?

Answer: The gift fails but the will remains valid

Under s.15 Wills Act 1837, a gift to a witness (or their spouse/civil partner) is void, but the remainder of the will stands.

On an intestacy, who inherits under the Administration of Estates Act 1925 when a person dies leaving a spouse and adult children?

Answer: Spouse gets personal chattels, a statutory legacy of £322,000, and half the remainder; children share the other half

Under the current intestacy rules, a surviving spouse takes the personal chattels, a statutory legacy (£322,000 as of 2023), and half the residuary estate, with the children sharing the other half.

What is the term for the document issued by the Probate Registry authorising an executor to administer a deceased person's estate?

Answer: Grant of Probate

A Grant of Probate is issued to the executor(s) named in a valid will, authorising them to collect assets, pay debts, and distribute the estate.

Under the Inheritance (Provision for Family and Dependants) Act 1975, who can apply to the court for financial provision from a deceased's estate?

Answer: Spouse, former spouse, cohabitant, child, or dependant of the deceased

The 1975 Act gives a broad class — including spouses, former spouses, cohabitants of 2+ years, children, and dependants — the right to apply for reasonable financial provision.

What is the effect of marriage on a pre-existing will?

Answer: It automatically revokes the will

Under s.18 Wills Act 1837, marriage automatically revokes any will made before the marriage, unless the will was expressly made in contemplation of that marriage.