Dixon v Treasury

Solicitor
[1905]
[If T mistaken as to need
to destroy old before
drafting new, then
conditional revocation
may apply and the old
will may be valid]

Re Jones****
[1976]
[where T made will
and gave realty to
two nieces, made
bequest and gave
residue to other nieces/
nephews. T on good terms
with all relatives for a while.
Later T complained that
nieces who got realty
indifferent whether she alive
or dead and had acquired other
property of their own, she
indicated intention to make
other will to give realty to
other relatives.
Attorney meeting was postponed,
T died, on death will found
mutilated with piece cut out
- gift of realty - and T and W
signatures. Held an appealbased on facts, it appeared that had
T been asked, she would not
have reverted to earlier will,and had
intended for absolute revocation
and not conditional]

Due Execution of new Will

[Sometimes destruction may
revoke conditionally on the
due execution of a new will.
If new will not made, then
notwithstanding destruction
old will not revoked]

In the Estate of Southerden

[1925]
[T made will on eve of
foreign trip by himself and wife,
on return, T stated "This is no good
now, we have returned safely
and my property is all
yours, we might as well burn it"
- held will not revoked]

Where T believes that

in intestacy there will be a specific
distribution, and that is a misapprehension,
then if he revokes a will due to that
misapprehension - condition would not be met
and so will would not be revoked

Specific distribution on intestacy

Specific distribution on
intestacy

Revival of Former Will

Due Execution of new Will

Conditional Revocation by
Destruction

Powell v Powell
(1866)

Revival of Former Will

A will revoked by subsequent
will cannot itself
be revived by subsequent revocation
of that later will
[Therefore if T revokes later
will on the condition
that it revives former will,
that will fail and later
will will not be revoked]

Conditional
Revocation

Implied
In some cases T may
give certain property to A
by will/codicil but later
will property to B - impliedly
revoking - however if
gift to B is void then
there may arise possibility
of it being a conditional
revocation - this will
depend on construction of
T's intention

Express

Implied

Conditional revocation by
other will/codicil
or formal writing

Introduction
Revocation methods
(apart from marriage) require
intention to revoke which may
sometimes have conditions
attached to revocation
If such condition is attached to
revocation, then no revocation
unless conditon satisfied
Where conditon of revocation is
for another will/codicil to
become effective this is
known as dependent relative
revocation

Campbell v French
(1797)
[where T in will gave
bequest to relatives in USA;
later made codicil in which
revoked the bequests b/c
he thought there were
all dead - held as
beneficiaries were alive,
revocation was to be construed
as conditional - hence
invalid]

Court may construe revocation

clause as conditional even where
no express condition

Failure of condition cancels

revocatory effect of clause

Conditional
Express Revocation
by Will/codicil