Interpretation & revocation

What "Interpretation & revocation" covers

• A will can be revoked by a later will or codicil, or by an express revocation clause: Wills Act 1837 s.20.
• Revocation by destruction requires the physical act (burning, tearing or destroying) coupled with the intention to revoke: Wills Act 1837 s.20.
• Marriage or the formation of a civil partnership revokes an earlier will, unless the will was made in expectation of that marriage: Wills Act 1837 s.18.
• On divorce or dissolution, the former spouse or civil partner is treated as having died on the date of dissolution for gifts and appointments: Wills Act 1837 s.18A.
• A will speaks from death as to the property it disposes of (s.24), but from the date of execution as to the people described, unless a contrary intention appears.
• Alterations are ineffective unless executed like a will or shown to have been made before execution: Wills Act 1837 s.21.
• Under s.33, a gift to the testator's child or issue who predeceases passes to that person's issue living at the testator's death, unless a contrary intention is shown.

Key cases & statutes

The authorities and provisions most likely to matter for this subtopic:

How it's tested in SQE1

SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For interpretation & revocation, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.

Where candidates lose marks

• Overlooking that a later marriage revokes an existing will.
• Treating unattested manuscript alterations as effective.
• Assuming a gift lapses when the s.33 substitution for issue applies.

FAQ

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