Ann made an oral will while admitted at No Hope Medical Centre. She bequeathed all her property to her mother. However, her mother who had gone to see Ann in hospital died in a road accident as she was going back home. Ann has learnt of her mother’s death and seeks your advice as to whether she can bequeath the same property to anyone else. Advice Ann

Ann made an oral will while admitted at No Hope Medical Centre. She bequeathed all her property to her mother. However, her mother who had gone to see Ann in hospital died in a road accident as she was going back home. Ann has learnt of her mother’s death and seeks your advice as to whether she can bequeath the same property to anyone else.

Advice Ann.

ANSWER

• This problem is based on the validity of oral wills. It is clear that Anne made an oral will by which she bequeathed all her property to her mother who died in a road accident on her way home from hospital and Ann later learnt of the death.
• Since Anne is still alive and has capacity to make another will to revoke the former she is entitled to do so. In any event the intended beneficiary is dead.
• My advice to Ann is that she is legally entitled to make another will bequeathing her property to another person.