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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?
A. No, because the will was revoked by destruction.
B. Yes, because his daughter is the beneficiary named in the will and the man intends her to inherit the whole of his estate.
C. No, because the will must be read as a whole and this is no longer possible.
D. Yes, because a will must be revoked by a revocation clause in a new will executed in accordance with s.9 Wills Act 1837.
E. Yes, because the doctrine of dependent relative revocation will apply.
A - No, because the will was revoked by destruction.
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