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Making a legal will, Revoking a will, Mutual Wills, Solicitor duties owed,…

- - - - As noted in Skinner v Frappell [2008] NSWCA 296, Fraud misleads a testator and undue influence coerces a testator.
      - There is no coercion with fraud.
      - For fraud to invalidate a will it must involve misleading or deceptive conduct.
      - After the propounder of a will has established the proper execution by a competent testator, the burden of proving fraud shifts to those who make such allegations.
  - - - Nevertheless, this presumption can be undermined by any circumstance that gives rise to a well-founded suspicion or doubt about whether the will accurately reflects the testator's intentions
      - Tobin v Ezekiel [2012] NSWCA 285 prescribes: 1. If the will appears rational on its face and is proven to be duly executed, there is a presumption that the testator was mentally competent.
      - 3.Additionally, upon establishing testamentary capacity and proper execution, there is a presumption of knowledge and approval of the will's contents at the time of execution
      - 2.However, this presumption can be challenged if circumstances arise that raise doubts about the testator's testamentary capacity
- - - - Refers to the generalisation that a person has one will however there are exceptions.
    - - Still effective even if there is no property at all to deal with.
    - - Can include property acquired after the date of the will however only takes effect on the death of the testator.
    - - A will remains revocable at all times, regardless of any declaration within it stating otherwise. If a testator enters into a binding agreement not to revoke the will but eventually revokes it, the remedy lies in breach of contract or damages, and the revoked will does not get reinstated. - Vynior’s case (1609) 8 Co Rep 81b
- - - - (1)(b) The designation of the testator's former spouse as an executor, trustee, advisory trustee, or guardian through the will, and
      - (1) (c) a grant made by the will of a power of appointment exercisable by, or in favour of, the testator's former spouse
      - (1) (a) A provision of benefits to the testator's former spouse within a will
      - (2) Unless there us contrary intention
    - - (b) exclusively children of the testator and former spouse
      - (3)(a) does not revoke property left for beneficiary/children
- - - - Subsection (3) applies whether or not the entitlement existed at the time of the person's death.
        
        A person may not dispose by will of property of which the person is trustee at the time of the person's death.
        
        A person may dispose by will of property to which the person's personal representative becomes entitled, in the capacity of personal representative, after the person's death.
        
        Subsection (1) applies whether or not the entitlement existed at the date of the making of the will.
        
        A person may dispose by will of property to which the person is entitled at the time of the person's death.