Appoint executors

Appoint trustees
(consider power
under Trustee Acts)
Revoke previous wills
Appoint guardian of
minors
Give directions
(burial, cremation,
approve of use of
organs for scientific
research)
Exercise testamentary
power of appointment
(power vested under
previous wills etc
and which exercisable
by will /deed)

Apart from property

a Will Can

Re Westminsters Deed of
Appointment [1959] Ch 265, 271
[declaration of T's intention
at a given date]

e.g. if estate
insolvent then beneficiaries
must give way to creditors

Executor may dispose of property in

the course of administration of the estate

If assets sold or changes

substantially (e.g. car written
off and insurance proceds
given), beneficiary
takes no gift

T can still dispose property during lifetime

[even if property subject of specific gift
made by will]

Implications

Declaration of T's
intention only

Ambulatory [can be
modified at any time
during lifetime - before
death, even applies to
new property at the
time of death]
Revocable
[always recovable, except
in cases of unsoundness
of mind - lacking capacity to
revoke - even declaration in
will that not revocable is
invalid, likewise contract
not to revoke (may be breach
of contract)]

Takes effect on death

Not restricted to
dispositions of
property
Only declaration of intention

Characteristics

Intention of maker whether intended to

take effect on death.
Even if T not intending
to make a will or aware
that he is making a will
he may be making one

Douglas-Menzies
v Umphelby
[1908] AC 224

Written declaration of
Testator (T) complying
with statutory requirements
of intention of T re matters
which T desires to take
effect on/after death
May be in more than 1
document - primary document
(Will) and subsidiary document
(codicil)
All documents
aggregated together
once unrevoked constitute
last will and testatment of T

Wills

Section 19, Wills

Act [addresses
this also - every will
to be construed re
realty and personalty
comprised in it to
speak as if executed
immediately before
T's death]

Executors and beneficiaries B

lack interest in property until
death of T - hence B precedeasing
T generally makes gift lapse
(fall into residuary estate)

Takes effect on death

Overview of
Succession

Nominations

Recovable gift made

by a person with a
view to death
Made in contemplation
of death though expectation
of death not vital
subject matter
of gift delivered to donee
Gift conditional on death,
in which event absolute
title to gift will become
that of the donee
Once condition of death
is satisfied, gift operates
retrospectively from
date gift made
If donor recovers, donee
takes nothing; also if
donee dies before donor
the gift is void

Donatio Mortis Causa

Disposition of property
real or personal by
instruments creating
trusts whereby
the settled property
is enjoyed by different
persons in succession
Different from will in that
immediate interest is
taken by beneficiary
once settlement
executed - albeit in the
remainder
(hence can pass to estate
where B predeceases)

Revocable Settlement Inter

Vivos

Milnes v Foden
(1890) 15 PD 105

A transfer, or gift made

during one's lifetime
different from wills
in both time when
effective (i.e immediately)
and formalities
for valid execution
(depending on the gift
e.g. land - conveyancing,
shares - association)
Document called DEED or
GIFT may be admitted to
probate as testamentary
document - based on
substance, not form

Gifts Inter Vivos

Other transactions
(similar to wills)

Baird v Baird (1900)

[concerned marriage
after nomination
- held that since pension
funds were not within
employee's disposal during
lifetime then not analogous
to testamentary disposition
and no subject to Wills Act
requirement - hence
marriage not revoke
nomination]

Insurance
Pension Schemes

Non Statutory

Insurance (Amendment)
Act 1995
[insured now competent to
designate beneficiary in writing]

Married Women's
Property Act

Married Women's property

legislation is another example
which empowers spouse to take
out insurance policy for
benefit of spouse/children creates a statutory trust in favour
of beneficiaries as married woman is feme sole
(autonomous person in own
right to acquire, own and dispose
property independently of husband)

E.g Legislation governing

Friendly Societies, Industrial
and Provident Societies,
Cooperative Societies
Different from wills in
formality, nominations
may need to be registered
with society, also nomination
not revocable by will or
codicil, may have its own
method of revocation

Statute allow persons

who hold funds or investments
in some associations to dispose
of property on death by
nominating their beneficiaries
in writing.

Dispositions made directly to

nominees and do not fall
into estate - PR have not
claim on them
Takes effect on death
of nominator, nominee
has no interest during lifetime;
if nominee predeceases,
gift is void
Statutory

Nominations