a) Describe the ways in which a valid written will may be revoked. b) Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa” take effect?

a) Describe the ways in which a valid written will may be revoked.

b) Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa” take effect?

ANSWER

a) The ways in which a valid written will may be revoked

• Another will or codicil: this will or codicil must manifest the testators intention to revoke the previous will or codicil.
• Destruction: this is the burning, leaving or otherwise destroying the will. The destruction must be coupled with an intention to revoke the will. (Cheese V. Lovejoy)
• Marriage: the subsequent marriage of a testator revokes any will made, unless the will is made in contemplation of the particular marriage.

b) Circumstances Under which gift in contemplation of death “Donatio Mortis Causa” takes effect

• The donor must have contemplating death either by reason or a present illness or present or imminent danger.
• The donor must have given the beneficiary a movable asset including a debt, otherwise disposable by will.
• There must have been delivery to the beneficiary, the property or documents of title.
• The circumstances must show that gift was intended to revert to the donor should he survive the illness or danger.
• The beneficiary must survive the donor.
• The donor must not survive the illness or danger.