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Difference between revisions of "Revocation of a Will (16:VI)"

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== C. By Subsequent Will ==
== C. By Subsequent Will ==


A will may be revoked by another will made in accordance with WESA s 55(1)(a). Nevertheless, it is common practice to clearly provide for such by the inclusion of a revocation clause at the beginning of a will. Notwithstanding an express revocation clause, a second will does not necessarily absolutely revoke a former will. There may be partial revocation only, as where the second will does not completely dispose of the estate both documents may be admitted to probate. The will-maker should therefore ensure that the second will disposes of the entire estate, which may be accomplished through the use of an effective residuary clause.
A will may be revoked by another will made in accordance with section 55(1)(a) of ''WESA''. Nevertheless, it is common practice to clearly provide for such by the inclusion of a revocation clause at the beginning of a will. Notwithstanding an express revocation clause, a second will does not necessarily absolutely revoke a former will. There may be partial revocation only; where the second will does not completely dispose of the estate both documents may be admitted to probate. The will-maker should therefore ensure that the second will disposes of the entire estate, which may be accomplished through the use of an effective residuary clause.


== D. Effect of Marriage on Will Revocation ==
== D. Effect of Marriage on Will Revocation ==
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