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Wills & the Administration of Estates — Tutorial 7 Essay Example

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For the question on whether the will was revoked for the first case, it is important to consider that to effect a revocation, the testators’s intent must occur whether implied or expressed, and an act of revocation occurring. This would call for there to be a new will to replace the revoked should be an indication of the testator’s intent. On the other hand, statements that the testator makes at the time or near the time that he intentionally destroys his will by either tearing, Burning, mutilating is a clear indication of the intent to revoke. Nevertheless, despite his intent here changing when he says that he is glad that no important part of the will is damaged the will would be revoked.

On the second case however, the will will be admitted to probate. Where the mother of the testator intentially destroyed all the letters Romeo had written to Juliet committing a fraud. Since the most content of the will were decipherable then this will has the possibility of being admitted to probate.

Work Cited

Brown, Gordon W. 2003. Administration of Wills, Trusts, and Estates. 3d ed. Clifton Park, N.Y.: Thomson/Delmar Learning.