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Cavendish LawCards are whole, pocket-sized courses to key examinable components of the legislations for either undergraduate and PGDL classes. Their concise textual content, basic structure and compact layout make Cavendish LawCards the precise revision relief for deciding upon, knowing, and committing to reminiscence the salient issues of every zone of legislations.
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Presumption where will is found mutilated In the final analysis, the presumption to be adopted may well depend on the extent of damage to the will. If it is considerable, it is reasonable to presume that T intended to revoke; whereas if it is slight, the converse presumption may be more appropriate. Conditional revocation Where T sets out to revoke a will by destruction or by a later will or other duly executed document, the intention to revoke may be 45 SUCCESSION Where a will in T’s possession at his death is torn or mutilated and there is no explanation as to how it got into this condition, it was held in Lambell v Lambell (1831) that revocation by destruction will be presumed.
Situations in which knowledge and approval will not be presumed: Suspicious circumstances The most obvious situation in which suspicions are aroused is where a will is prepared by a person who receives substantial benefits thereunder. Where this happens, the onus is on that person to prove T’s knowledge and approval. If he is unable to do so, it has been held in cases like Fulton v Andrew (1875) and Wintle v Nye (1959) that this invalidates either the entire will or the gift in favour of such a person.
34 CAVENDISH LAWCARDS Unintended inclusion: The court may rectify the will by ordering it to be read as if the words which were mistakenly included had been deleted (see Re Phelan (1972)). But note that there will be no rectification where T intended particular words to be included in his will but was mistaken as to the legal effect of such words (see Collins v Elstone (1893)). Unintended omission: It was established in cases like In the Goods of Boehm (1891), Re Morris and Re Reynette-James (1976) that where a will mistakenly omitted certain words which T had intended to include, the court had no power to rectify it by ordering their inclusion.