Law of Succession: Wills, Intestacy and Testamentary Capacity
Core concepts
A valid will requires four elements: formalities (signed by the testator or by someone in his presence and at his direction, and attested by two witnesses present at the same time), testamentary capacity (the Banks v Goodfellow test: the testator must understand the nature of the act and its effects, the extent of the property being disposed of, and the claims to which he ought to give effect, and must be free of a disorder of the mind that poisons his affections or perverts his sense of right), intention (knowledge and approval, with suspicion arising where the will is drawn by a beneficiary or the testator is illiterate or blind), and absence of undue influence or fraud.
Intestacy
The intestacy rules operate only on property not effectively disposed of by will. Learn the statutory order of distribution and the distinction between the personal chattels, the statutory legacy, and the residuary estate. Traps commonly test: the effect of a spouse surviving but no issue; the position where issue survive but no spouse; the treatment of adopted and illegitimate children; the half-blood; and the doctrine of commorientes where deaths occur in uncertain order.
Traps
Questions love the revocation rules - later marriage revokes, later will revokes, and physical destruction with intent. Also watch dependent relative revocation, ademption of specific gifts, and the lapse rule with its exception for issue of a predeceased child.
Rule of thumb
Read the family tree before the will. Draw the survivors, then apply the will, then the intestacy rules to whatever falls through.