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Difference between revisions of "Revocation of a Will (16:VI)"
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Revocation of a Will (16:VI) (view source)
Revision as of 04:03, 14 October 2022
, 04:03, 14 October 2022→B. By Destruction or Loss
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Also, there is the question of whether the intention to revoke the will was absolute or conditional. If it was absolute, revocation is complete. However, if the intent depended on the condition of reviving an old will or writing a new one and the condition or contingency has not been satisfied, the revocation is ineffective. This is known as the doctrine of dependent relative revocation: see ''Jung v Lee Estate'', 2005 BCSC 1537. | Also, there is the question of whether the intention to revoke the will was absolute or conditional. If it was absolute, revocation is complete. However, if the intent depended on the condition of reviving an old will or writing a new one and the condition or contingency has not been satisfied, the revocation is ineffective. This is known as the doctrine of dependent relative revocation: see ''Jung v Lee Estate'', 2005 BCSC 1537. | ||
:'''NOTE ON ELECTRONIC WILLS:''' Section 55.1 outlines how to revoke an electronic will. To revoke an electronic will, the will-maker or a person in the presence of the will-maker and by the will-maker’s direction: can delete one or more electronic versions of the will or of part of the will with the intention of revoking it, or may burn, tear or destroy all or part of a paper copy of the will in some manner, in the presence of a witness, with the intention of revoking all or part of the will. An inadvertent deletion of one or more electronic version of a will is not evidence of an intention to revoke the will, so what is important is the intention of the will-maker; see | :'''NOTE ON ELECTRONIC WILLS:''' Section 55.1 outlines how to revoke an electronic will. To revoke an electronic will, the will-maker or a person in the presence of the will-maker and by the will-maker’s direction: can delete one or more electronic versions of the will or of part of the will with the intention of revoking it, or may burn, tear or destroy all or part of a paper copy of the will in some manner, in the presence of a witness, with the intention of revoking all or part of the will. An inadvertent deletion of one or more electronic version of a will is not evidence of an intention to revoke the will, so what is important is the intention of the will-maker; see [[Making_and_Executing_a_Will_(16:III)#D|Section III.D.2: Electronic Wills]], for more information. | ||
== C. By Subsequent Will == | == C. By Subsequent Will == | ||