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General => The Common Room => Topic started by: dragonT on Wednesday 21 March 18 11:42 GMT (UK)

Title: Will revoked after death
Post by: dragonT on Wednesday 21 March 18 11:42 GMT (UK)
In what circumstances would a will be revoked after death? Am I still able to obtain a copy of such a will?

Details from Find a will - "Parry Evan ..... died 7 December 1918. Administration (with will) 15 January to Ann Parry widow. Effects £198 5s 6d. Revoked April 1919."
Title: Re: Will revoked after death
Post by: Greensleeves on Wednesday 21 March 18 11:55 GMT (UK)
I believe a court can order a Will to be set aside after death if it is opposed - for example if the testator left his wealth to someone outside the family, and made no provision for his wife.  So it might have been something like that,  with his wife challenging the will and it being set aside, with her being granted Administration.
Title: Re: Will revoked after death
Post by: Kiltpin on Wednesday 21 March 18 12:18 GMT (UK)
I have been told that wills can be set aside if the provisions don't add up to the total.

"Equal shares", or "a quarter each and the residue left to" will work for £1 and for £1,000,000, but when a person leaves specific bequests, "a thousand here and a thousand there" and keeps going till they has given away tens of thousands more than their total assets, the will is set aside.
Title: Re: Will revoked after death
Post by: dragonT on Wednesday 21 March 18 15:09 GMT (UK)
Thank you for your replies.

I'm ordering a copy of the will (but don't know whether it will be successful).
Title: Re: Will revoked after death
Post by: mazi on Wednesday 21 March 18 17:37 GMT (UK)
I don’t think it was the will that was revoked, rather it was the grant of administration that was revoked, maybe his widow could not cope with the task, or some other reason.

Mike
Title: Re: Will revoked after death
Post by: philipsearching on Wednesday 21 March 18 17:58 GMT (UK)
Quote from: mazi on Wednesday 21 March 18 17:37 GMT (UK)
I don’t think it was the will that was revoked, rather it was the grant of administration that was revoked, maybe his widow could not cope with the task, or some other reason.

Mike

Looking at the wording I agree with Mike.
My understanding is that a will can be revoked by living testators (for example, when they make a new will).  After death I don't think the word 'revoked' would be used - perhaps 'set aside' or 'overturned'.  A grant of administration or probate can be revoked.

Do let us know the outcome - this sounds fascinating.

Philip
Title: Re: Will revoked after death
Post by: Sc00p on Wednesday 21 March 18 18:44 GMT (UK)
It might have something to do with this:
http://newspapers.library.wales/view/4245966/4245968/5/evan%20parry%20AND%20will (http://newspapers.library.wales/view/4245966/4245968/5/evan%20parry%20AND%20will)
Title: Re: Will revoked after death
Post by: dragonT on Wednesday 21 March 18 19:42 GMT (UK)
Quote from: Sc00p on Wednesday 21 March 18 18:44 GMT (UK)
It might have something to do with this:
http://newspapers.library.wales/view/4245966/4245968/5/evan%20parry%20AND%20will (http://newspapers.library.wales/view/4245966/4245968/5/evan%20parry%20AND%20will)

Thanks Sc00p, that's fascinating!
Title: Re: Will revoked after death
Post by: dragonT on Wednesday 21 March 18 20:38 GMT (UK)
Proceedings at Carnarvon Magistrates Court described here:

http://newspapers.library.wales/view/4245939/4245942/29/
Title: Re: Will revoked after death
Post by: carol8353 on Thursday 22 March 18 11:05 GMT (UK)
Quote from: Sc00p on Wednesday 21 March 18 18:44 GMT (UK)
It might have something to do with this:
http://newspapers.library.wales/view/4245966/4245968/5/evan%20parry%20AND%20will (http://newspapers.library.wales/view/4245966/4245968/5/evan%20parry%20AND%20will)

OOo naughty naughty  8)