| A will is said to be "ambulatory", that is, it does not take | | | | Revocation of Wills |
| effect until the death of the testator, as he may | | | | (1) Subsequent marriage of testator |
| change his mind, tear up his old will and make a new | | | | (2) Later Will |
| one. | | | | (3) Destruction: act of destruction and intention to |
| A codicil is a supplement to a will and it effects some | | | | revoke must be present; merely drawing a line through |
| alteration to the original will. | | | | is not sufficient. |
| A Will must: | | | | A Will that is revoked cannot be revived. |
| 1. Be in writing | | | | Personal Representatives |
| 2. Signed by the testator | | | | These persons see that the deceased's financial debts |
| 3. Attested in the presence of two witnesses, both of | | | | are resolved and his Jamaica property transferred to |
| whom must be present at the same time. | | | | new owners and they are also regarded as "owners" |
| The three items are essential to the creation of a valid | | | | until the estate is settled. They have the power to sell |
| will. | | | | the estate if necessary, but their powers do not start |
| Construction of Wills | | | | until they are appointed by the Court. |
| The cardinal rule of construction is to ascertain the | | | | Executors: persons named in the Will, to act as |
| testator's intention and give effect to that intention. The | | | | trustees. |
| Court can only ascertain intention from the written | | | | Administrators: Persons appointed by the Court to deal |
| document before it. If the will is badly written, the Court | | | | with the deceased's affairs where there is no Will, or if |
| has the power to call evidence, where for example | | | | the Will does not appoint an executor - usually it is the |
| nicknames are used or to explain ambiguity. | | | | person with the greatest interest. |
| 1. Lapse: If a beneficiary dies before the testator, the | | | | Probate: This is where a Will exists. After it is filed in |
| gift will lapse, unless he died leaving issue. | | | | the Court, a grant of probate is issued to the executor |
| 2. General Gift in Will:o "All my Jamaican land to A" - | | | | which gives him authority to deal with the estate. |
| will pass all land which the testator owned up to the | | | | Letters of Administration: where there is no Will the |
| time of his death.o "motor-car to A" - will pass only the | | | | Court grants letters of administration to allow the |
| car which the testator owned up to the time of his | | | | administrators to deal with the estate. |
| death. | | | | |