How can a will be revive?

Revival is a situation where a will is revoked but the testator does something to bring it back into effect again. The Wills Act 1959 specify the method to revive a revoked will or a partly-revoked will as either by re-execution or the execution of a codicil showing an intention to revive. This is available in Section 16 of the Wills Act 1950. Such principle is enlighten in Section 16(1) of the Act. In addition to that, in Section 16 (2) of the Act, pertaining to the revival of a will which has been partly revoked, and afterwards wholly revoked, the revival does not extend to the part first revoked unless an intention to the contrary is evidenced. To revive a will, the requirement is simple since there is no precise form of words required. Apart from that, it is not require to annex the reviving instrument or to indorse it on the will. The fundamental requirement is the will must be in existence. A destroyed will cannot be revived regardless of the testator's intention as there is no will at all to be revived. The testator's intention to revive a will is proven when a revoked will is re-executed. In relation to reviving a will by codicil, the intention to revive must be present on the codicil. In short, a revoked will, or part of a revoked will, can be revived by a new will or a codicil. The revoked will must be in existence to allow it to be revived. In addition to that, the codicil must show an intention to revive. Executors can be classified into 5 kinds. Explain each one of them. Executor refers to the person who is appointed by the testator by his will or codicil as the administrator to the testator's property and such person has the duty to carry out the provisions of the will. 5 types of executors: a- General Executor The person appointed to administer the whole will of the testator. b- Special Executor The appointment for this type of executor is limits to certain specified purposes or specified property. The distinction of the limits must be stated clearly. c- Executor de son tort A person who takes upon himself the office of an executor or intermeddles with the testator's will or by a codicil to that will, or without having obtained a grant of administration from a competent court i.e. a person who meddles with the estate of a deceased person without any title to do so. d- Executor according to the tenor of the will A person is an executor when it appears in the will that such person has been appointed to perform the essential duties of an executor. e- Executor by representation A person is an executor by representation if he is the executor of the will of a testator who was himself the sole executor or sole surviving executor of another testator's will. The chain of representation can only be said broken by an intestacy or by the failure of the testator to appoint an executor or to obtain probate. How can a person be appointed as an Executor?

Executor refers to a person appointed by the testator's will or codicil to administer the testator's estate and to carry into effect the provisions of the will. The appointment can be made whether express or implied by ways of express nomination by testator, by nomination by person other than testator, by statutory appointment or by implication from the testator's will, when the executor is known as an executor according to the tenor. Express nomination by testator means the testator must name the executor in the body of his will. Meanwhile, nomination by person other than testator refers to the condition where the testator authorise another person to nominate an executor by his will. A statutory appointment of executor refers to the condition where the law requires at least 2 individuals to act as administrators or trust corporation act as administrator when there is a life interest arises under the will or intestacy. Apart from that, the appointment of executor can be by way of implication from the testator's will, when the executor is known as an executor according to the tenor. This refers to the condition where the executor became one by implication and according to the tenor of the will. .i.e. a person become executor when he exercised matters according to the tenor of the will. There are new distinct features introduced into S.6(1) of the Distribution Act, 1958. What are the features? Some of the new features available in the Act are namely, a) Where a married woman dies intestate leaving a husband The Act shows no distinction between the rights of a surviving husband and those of a surviving wife. The terms wife and husband have been replaced with the term spouse. After the change, the surviving husband is no longer entitled ipso facto to the whole of the deceased wifes estate. Now he may only claim the whole estate if the deceased intestate wife left no issue and no parent or parents. b) Where a married woman dies intestate leaving a husband and a parent or parents but no I issue If the intestate dies leaving no issue but a spouse and a parent or parents, the surviving spouse shall be entitled to one-half of the estate and the parent or parents shall be entitled to the remaining one-half; The surviving parent or parents of a married woman who dies leaving a husband but no issue are entitled to one-half of their deceased daughters estate. Where the parents have settled valuable property on the deceased, the parents will be entitled to at least half of it. c) Where a married woman dies intestate leaving a husband and issue but no parent or parents Section 6(1)(e) provides the amendment which is in favour of a deceased intestate womans children as they are now entitled to two-thirds of their deceased intestate mothers estate even though their father survives the mother. d) Where a married woman dies intestate leaving issue and a parent or parents but no husband Based upon Section 6(1)(f) of the Act, the issues share is reduced from the whole of the estate to two-thirds. The parent or parents, who were previously not entitled to any share of the estate, are now entitled to the remaining one-third. e)Where a married woman dies intestate leaving a husband, issue and a parent or parents

According to Section 6(1)(g) of the Act, now, the surviving husbands share is reduced from the whole to one-quarter. The children, who previously obtained no share, are now entitled to onehalf. The surviving parent or parents, who previously were entitled to nothing, are now entitled to the remaining one-quarter. An important point to note is that the parents are entitled to a share even where the deceased has left issue. What is the testamentary capacity of a testator? Testamentary capacity refers to a person's legal and mental ability to make or alter a valid will. The requirement is that a persons must be full age and sound mind. It is a fundamental requirement that the testator must be of sound mind .i.e. with good memory and full understanding. The testator must understand the various dispositions of property that the testator wishes to dispose. The testator is required to have a full knowledge of the contents of the will and must consent to the will. In cases involving fraud or forgery or undue influence, that part of will or the will as a whole may be set aside as it is invalid.