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Under the terms of a man’s will, the whole of his estate was given to his daughter. The man had a serious disagreement with his daughter and decided that he no longer wanted her to be the beneficiary of his will. He tore his original will into four pieces. The man and his daughter are now reconciled and the man regrets his decision to tear up his will. He wants his daughter to inherit the whole of his estate. Is the man’s will valid?
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The correct option is A. According to the Wills Act 1837, a will can be revoked by the testator if it is physically destroyed with the intention of revoking it. In this scenario, the man tore his original will into four pieces, which constitutes an act of destruction intended to revoke the will. Therefore, the will is no longer valid. The doctrine of dependent relative revocation (Option E) applies in situations where the testator destroys a will under a mistaken belief or with a conditional intention. For example, if the testator thought a new will was valid but it turns out not to be, the destruction of the old will could be deemed conditional and thus not effective. However, in this case, there is no indication of such a mistake or conditional intention at the time of destruction. Since the will was effectively revoked by destruction, the man must create a new will to ensure his daughter inherits the whole of his estate.
Key Point: A will can be revoked by physical destruction with the intent to revoke. Once revoked in this manner, the will is no longer valid, and a new will must be executed to replace it.
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