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By Mandrioli Carratta

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This method of revocation has been judicially recognised in In the Goods of Durance (1872) and Re Spracklan’s Estate (1938). Revocation by destruction In addition, s 20 provides for a will or codicil to be revoked by burning, tearing or otherwise destroying it with the intention of revoking it. But in Cheese v Love joy (1887), where T drew some lines across his will and wrote on the back that it was revoked before throwing it on a pile of waste paper from which a servant later rescued it, it was held that this was not a sufficient act of destruction (see also In the Goods of Brewster (1859)).

Types of legacies Specific legacy This is a gift of specified personal property forming part of T’s estate at his death which is severed or distinguished from the totality of his assets (see Bothamley v Sherson (1875)). An intention to make a specific legacy is usually manifested by: • the use of ‘my’ or similar possessive words; eg ‘my Ford Fiesta to A’; or ‘all the watches I own to B’. • referring to the manner in which the subject-matter of the gift was acquired. For example, ‘I give to E the diamond ring my husband gave me on our 50th wedding anni versary’.

Equally, where the destruction occurs in T’s presence but without his consent, the will is not revoked (see Mills v Millward (1890) and Gill v Gill (1909). Intention to revoke T must have intended to revoke the will when the destruction took place. Accordingly, a will is not revoked: 44 CAVENDISH LAWCARDS • where T assumed in error that he was destroying a document other than his will; or • when T was not of sound mind when the will was destroyed (see Brunt v Brunt (1873) and Re Aynsley (1973)).

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Corso di diritto processuale civile by Mandrioli Carratta


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