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2 A Certainty of Intention 1 There is no requirement that technical words must The issue is a question of fact rather than of law ie the private construction of the words used by the settlor. educational institutions or employed by bodies existing; solely for educational purposes and references in this Act to the Government shall be construed accordingly; (e) and . Construction. Interpretation. Determine testator’s . actual intent. . from will or permissible extrinsic evidence.. Construction. Determine testator’s . presumed intent. . f. rom will or permissible extrinsic evidence.. Requirements of a Valid Will. INTENTIONALITIES. FORMALITIES. Capacity. In. Writing. Undue Influence. Signed By The Testator. Fraud. Witnessed. Duress. OR Holographic. Why In Writing?. Probate Code Section 6110. . Ilze Metuzāle, Notary. 09/05/2014. The Institution Competent for Handling Succession Matters. Notary. – in Latvia, Estonia and Lithuania. Court – . in Germany. Notary as a representative appointed by the court – . Lapse defined. Gift fails (lapses) because beneficiary dies before testator.. Distribution of Lapsed Gifts -- Overview. 1. Under express terms of will.. Distribution of Lapsed Gifts -- Overview. 1. Under express terms of will. § 68(e).. Revocation by. Operation of Law. Types. 1. Ademption. Types. 1. Ademption. 2. Divorce. Types. 1. Ademption. 2. Divorce. 3. Lapse. Types. 1. Ademption. 2. Divorce. 3. Lapse. 4. Failure to survive by 120 hours. Lapse defined. Gift fails (lapses) because beneficiary dies before testator.. Distribution of Lapsed Gifts -- Overview. 1. Under express terms of will.. Distribution of Lapsed Gifts -- Overview. 1. Under express terms of will. § 68(e).. Elements. 1. False representation to testator.. Elements. 1. False representation to testator.. 2. Knowledge of falsity.. Elements. 1. False representation to testator.. 2. Knowledge of falsity.. Statutory . Burden -- EC . § . 256.152. Applicant must prove testator did not revoke the will.. How prove a negative?. Presumption of Non-Revocation. Ashley v. Usher. – p. . 187. Source . of will “normal”. Elements. 1. False representation to testator.. 2. Knowledge of falsity.. Elements. 1. False representation to testator.. 2. Knowledge of falsity.. 3. Testator reasonably believed representation.. 2. Testator executed valid Will 2 which expressly revoked Will 1.. 3. Testator validly revokes Will 2 but does not execute a new will.. 4. What result?. Approaches. 1. Revival. Will 1 takes effect.. An instrument containing the wishes or declaration of a person (called the “testator”) with respect to the matters which he desires to take effect after his death. . “Codicil” is generally supplemental to a will. Same formalities apply. It can stand on its own. . Conceived & presented by. : . Avadhoot. V. Sumant. Advocates. The . SatyaNitee. and Company, . Advocates and Consultants. ,. 003, . Rajmandir. Apartments, 62, . Alkapuri. Society,. R.C.Dutt. Road. ATM CARD. Registration. . Since 1925. Step 1 – Open www.adcbank.coop. Since 1925. Click. here. Step 2 – Scroll. down to the bottom of the page. Since 1925. SCROLL DOWN. Step 3 – Click on . “.