DOCSLIB.ORG

The 1837 Wills Act

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The 1837 Wills Act The 1837 Wills Act: This month we complete the detailed look at the Wills Act 1837. As will writers are aware the 1837 Wills Act (WA1837), as amended, supplies the detailed background legislation that must be followed whenever a will is drafted. The actual text of the Wills Act is provided along with the current amendments and commentary as to the meaning and effect of the statute. By the addition of the full text of the WA1837 (as amended) will writers have the opportunity to read the actual words of this vital legislation which governs the way in which wills are validly conceived, drafted, interpreted and executed. You should read the statutory 1837 Wills Act text extracted and the associated notes carefully and then answer the usual 15 CPD questions. Sections that are not mentioned below have been repealed. 23 A devise not to be rendered inoperative by any subsequent conveyance or act. No conveyance or other Act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death. Section 23 confirms the primacy of the 1837 Wills Act in giving effect to a will, unless the will is revoked using the provisions of such an Act in preventing the operation of that will. 24 A will shall be construed to speak from the death of the testator. Every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will. Annotations: Modifications etc. (not altering text) C1S. 24 applied by Married Women's Property Act 1893 (c. 63), s. 3 In general terms a Will takes effect as if it has been executed immediately before the death of the testator, in relation to all of the subject matter of the gifts contained in the Will. Hence the expression “the Will speaks from death”. Unless there is a contrary intention expressed in the Will the subject matter of a gift is applied at the testator’s death, whether the gift is either specific or general. Where the Will contains a gift of “all of my shares in ABC Limited” and in the absence of any express contrary intention the gift will comprise all of the shares held by the testator on the date of his death. Thus shares purchased after the date of the Will may be included; but shares that are disposed of after the date of the Will may be excluded. When at the date that an instruction is taken from the testator, reference is clearly made to the subject matter of a gift that is in the possession of the testator at that time, a contrary intention is implied. For example in Re Sikes [1927] 1 Ch 364 the testator’s instruction referring to “my piano” did not extend to a replacement piano that he owned at the date of his death. The gift therefore failed by ademption – as the property, which was identifiable some time before the testator’s death did not form part of his estate at the date of his death. The need therefore when taking instructions is to identify clearly the subject matter of the gift and if necessary to draft a clause which for example takes account of proceeds of the sale or replacement of that gift. The effect of section 24 Will Act 1837 can be excluded by the use of express words. For example by defining the date on which the subject matter to be dealt with by the Will is to be ascertained. Page 1 of 6 However a will writer should take care when drafting the words expressing the testator’s intention to use precise words: words such as “now” or “at present” are not conclusive enough to overturn the prima facie intention that the Will speaks from death; that is the date of the testator’s death. In the event of uncertainty the Will provisions must be considered as a whole. If section 24 of the 1837 Wills Act is excluded by contrary intention and the Will contains a provision that is to speak from the date of the Will, then if the Will is subsequently republished by a later (second or more) execution or a later codicil, the effect will be that the Will now speaks from the date of that republication or codicil – unless a contrary intention is expressed. 25 Residuary devise shall include estates comprised in lapsed and void devises. Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect shall be included in the residuary devise (if any) contained in such will. This section introduces the doctrine of lapse, which confirms that a gift by will normally (unless subject to a contrary intention) lapses in circumstances where the donee predeceases the testator; so that the estate of the donee can only claim the benefit if the donee has acquired some interest in the property before he died. But see section 33 of the Wills Act 1837 below for a special exception, which is made in the case of children of the testator who predecease him. The effect of the clause has been examined in the context of secret trusts set up “dehors” (outside) the will for example in the cases of Re Gardner (No: 1) [1920] 2 Ch 523 and Re Gardner (No: 2) [1923] 2 Ch 230. 26 A general devise of the testator’s lands shall include copyhold and leasehold as well as freehold lands. A devise of the land of the testator, or of the land of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, and any other general devise which would describe a . F1 leasehold estate if the testator had no freehold estate which could be described by it, shall be construed to include the . F1 leasehold estates of the testator, or his . F1 leasehold estates, or any of them, to which such description shall extend, as the case may be, as well as freehold estates, unless a contrary intention shall appear by the will. Annotations: Amendments (Textual) F1Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III Clause 26 speaks for itself increasing the remit of the Wills Act. 27 A general gift shall include estates over which the testator has a general power of appointment. A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will. Every will writer should ensure that each Will drafted includes a gift of residue. Failure to include a valid gift of the residuary estate will result in part of the testator’s estate passing on the intestacy rules. Section 27 makes certain that all of the estate not otherwise disposed of is dealt with by an unlimited gift of residue, including any general power of appointment held by the testator over trust Page 2 of 6 property, being either real or personal property; especially to ensure that any trust default provisions are prevented from taking effect, causing unintended consequences. Where the testator exercises a power of appointment good practice requires that an express provision confirming the testator’s wishes should be included in the Will; so that there is no risk of the testator being unaware that the Will is also dealing with the testator’s interest in trust property, see Gibbons v Nelson [2000] Lloyd’s Rep PN 603. In which the court criticised the solicitor for failing to establish the client’s intentions regarding the destination of trust property under his control. The provision within section 27 does not apply to any special or hybrid powers of appointment, which act to restrict the actions of the appointee; but the section does apply even if the power is created after the Will has been executed. The property to which the power relates must be carefully and fully described within the Will.
Load more

Recommended publications
  • Oxford Scholarship Online
    Uses, Wills, and Fiscal Feudalism University Press Scholarship Online Oxford Scholarship Online The Oxford History of the Laws of England: Volume VI 1483–1558 John Baker Print publication date: 2003 Print ISBN-13: 9780198258179 Published to Oxford Scholarship Online: March 2012 DOI: 10.1093/acprof:oso/9780198258179.001.0001 Uses, Wills, and Fiscal Feudalism Sir John Baker DOI:10.1093/acprof:oso/9780198258179.003.0035 Abstract and Keywords This chapter examines property law related to uses, wills, and fiscal feudalism in England during the Tudor period. It discusses the conflict between landlords and tenants concerning land use, feoffment, and land revenue. The prevalence of uses therefore provoked a conflict of interests which could not be reduced to a simple question of revenue evasion. This was a major problem because during this period, the greater part of the land of England was in feoffments upon trust. Keywords: fiscal feudalism, land use, feoffments, property law, tenants, wills, landlords ANOTHER prolonged discussion, culminating in a more fundamental and far-reaching reform, concerned another class of tenant altogether, the tenant by knight-service. Here the debate concerned a different aspect of feudal tenure, the valuable ‘incidents’ which belonged to the lord on the descent of such a tenancy to an heir. The lord was entitled to Page 1 of 40 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).
    [Show full text]
  • Shattering and Moving Beyond the Gutenberg Paradigm: the Dawn of the Electronic Will
    University of Michigan Journal of Law Reform Volume 42 2008 Shattering and Moving Beyond the Gutenberg Paradigm: The Dawn of the Electronic Will Joseph Karl Grant Capital University Law School Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Estates and Trusts Commons, and the Science and Technology Law Commons Recommended Citation Joseph K. Grant, Shattering and Moving Beyond the Gutenberg Paradigm: The Dawn of the Electronic Will, 42 U. MICH. J. L. REFORM 105 (2008). Available at: https://repository.law.umich.edu/mjlr/vol42/iss1/4 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. SHATTERING AND MOVING BEYOND THE GUTENBERG PARADIGM: THE DAWN OF THE ELECTRONIC WILL Joseph Karl Grant* INTRODUCTION Picture yourself watching a movie. In the film, a group of four siblings are dressed in dark suits and dresses. The siblings, Bill Jones, Robert Jones, Margaret Jones and Sally Johnson, have just returned from their elderly mother's funeral. They sit quietly in their mother's attorney's office intently watching and listening to a videotape their mother, Ms. Vivian Jones, made before her death. On the videotape, Ms. Jones expresses her last will and testament. Ms. Jones clearly states that she would like her sizable real estate holdings to be divided equally among her four children and her valuable blue-chip stock investments to be used to pay for her grandchildren's education.
    [Show full text]
  • Case and ~C®Mment
    251 CASE AND ~C®MMENT. CROWN -SERVANT- INCORPORATION -IMMUNITY FROM BEING SUED. The recent case of Gilleghan v. Minister of Healthl decided by Farwell, J., is a decision on the questions : Will an action lie against a Minister-of the Crown in respect of an act admittedly done as a Minister of the Crown? Or -is the true view that the only remedy is against the Crown by petition of right? Does the mere incorporation. of a servant of the Crown confer the privilege of suing and the liability to be sued? The rationale for the general rule that a servant of the Crown cannot be sued in his official capacity is that the servant holds no assets in his official capacity which can be seized in satisfaction of a judgment. He holds only on behalf of the Crown.2 Collins, M.R., in Bainbridge v. Postmaster-General3 said : "The revenue of the country cannot be reached by an action against an official, unless there is some provision to be found in the legisla~ tion to enable this to be done." In the Gilleghan case the defendant moved to-strike out the statement of claim. The Minister of Health was established by the Ministry of Health Act- which provided, inter alia, that the Minister "may sue and be sued in the name of the Minister of Health" and that "for the purpose of acquiring and holding land" the Minister for the time being "shall be a corporation sole." Farwell, J ., decided that the provision that the Minister may sue and be sued does not give the plaintiff a cause of action for breach of contract against the Minister.
    [Show full text]
  • The Decline of Revocation by Physical Act
    Notre Dame Law School NDLScholarship Journal Articles Publications 2019 The Decline of Revocation by Physical Act Barry Cushman Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Estates and Trusts Commons, and the Insurance Law Commons Recommended Citation Barry Cushman, The Decline of Revocation by Physical Act, 54 Real Prop., Tr. & Est. L.J. 243 (2019). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1416 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. THE DECLINE OF REVOCATION BY PHYSICAL ACT Barry Cushman* Author's Synopsis: The power to revoke one's will by physical act was enshrined in Anglo-American law in 1677 by the Statute of Frauds. It remains the law in Great Britain, in such developed Commonwealth countries as Canada, Australia, and New Zealand, and in each state of the United States ofAmerica. Yet the revocation of wills by physical act has become badly out of phase with the law governing nonprobate transfers, which as a general matter requires that an instrument of transfer be revoked only by a writing signed by the transferor. This Article surveys the place of revocation by physical act in the law governing will substitutes, such as payable-on-death designations on bank accounts, transfer-on-deathdesignations on brokerage accounts, life insurance and annuities, beneficiary deeds, and revocable trusts.
    [Show full text]
  • Law Commission – How We Consult
    Making a will Consultation Paper 231 (Consultation Paper 231) Making a will © Crown Copyright 2017 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU or email [email protected]. This publication is available at www.lawcom.gov.uk. THE LAW COMMISSION – HOW WE CONSULT About the Law Commission: The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Bean, Chairman, Professor Nicholas Hopkins, Stephen Lewis, Professor David Ormerod QC and Nicholas Paines QC. The Chief Executive is Phillip Golding. Topic of this consultation: The law of wills. This consultation paper sets out options for reforming the law of wills and seeks consultees’ views on those options. The paper also asks consultees a number of open questions related to the law of wills. Geographical scope: This consultation paper applies to the law of England and Wales. Availability of materials: The consultation paper is available on our website at http://www.lawcom.gov.uk/project/wills/. Duration of the consultation: We invite responses from 13 July 2017 to 10 November 2017. Comments may be sent: By email to [email protected] OR By post to Damien Bruneau, Law Commission, 1st Floor, Tower, 52 Queen Anne’s Gate, London, SW1H 9AG.
    [Show full text]
  • Failure of Gifts by Will
    Failure of Gifts by Will This month’s CPD will examine the many reasons why a gift made by Will may fail. This paper will look at the most common reasons for the failure of gifts, listed below, but practitioner’s should be aware that this list is non-exhaustive and gifts may fail for other reasons; including a contingency for a gift not being met, as a matter of public policy, or even because a condition attached to a gift is void. MAIN REASONS A GIFT MAY FAIL A gift may fail for one of the following main reasons: The beneficiary or a spouse or civil partner of the beneficiary is an attesting witness The divorce or dissolution of a marriage or civil partnership between the testator and the beneficiary Lapse Ademption Abatement Uncertainty The beneficiary is guilty of the unlawful killing of the testator The beneficiary disclaims their gift BENEFICIARY OR THEIR SPOUSE IS AN ATTESTING WITNESS This is the most well-known reason for the failure of a gift. Section 15 of the Wills Act 1837 deprives an attesting witness and their spouse or civil partner from receiving any benefit under the Will which they attest. If a beneficiary or their spouse is an attesting witness the attestation itself will be valid and this will not cause the Will to fail; only the gift to the witness or their spouse shall be void. There are some key exceptions to this general rule: If a beneficiary was not married to the witness at the time the attestation took place but married the witness afterwards then they will not be deprived of their benefit.
    [Show full text]
  • Review of Copyhold, Equity, and the Common Law by Charles
    BOOK REVIEWS Copyhold, Equity, and the Common Law. By Charles Montgomery Gray. Cambridge: Harvard University Press, 1963. Pp. 254. $6.50. Copyholds are not. and never have been a part of the American law of property.' Hence American lawyers-even those who specialize in the law of property-will not be immediately concerned with Professor Gray's monograph on Copyhold, Equity, and the Common Law. Nevertheless, American legal scholars, some of whom will surely be conveyancers, should be much interested in and perhaps even excited by Professor Gray's report. It is an extensive study of the numerous bills and other pleadings in the Court of Chancery, the Star Chamber, and the Court of Requests of the reign of Henry VIII, examined at the Public Records Office, and of the many unprinted reports of common law cases, princi- pally of the sixteenth and early seventeenth centuries, found in various collections of manuscripts in the British Museum. The appeal of the study for American lawyers will not depend upon the details of the law of copyholds which Professor Gray reports, but rather upon the development of remedies for the protection of copy- holders which he traces in careful detail. At the beginning of the period of the study, copyhold lands were "owned" by the lord of the manor in which they were situated. Though those lands had been used by the copyholders and their predecessors from time immemorial, the interest which they had was classified as a tenancy at the will of the lord of the manor in whom both the seisin and the freehold were vested.
    [Show full text]
  • Introduction to Will Drafting for Accountants
    Introduction to Will Drafting for Accountants MONDAY, 25 MARCH 2019 In association with… icaew.com The value of ICAEW membership Qualified professionals to advise you on technical and 1 ethical matters 259 World class Industry and library ... country guides ... with Connecting information ACA/FCA members through and research online professionals communities, offering blogs and forums tailored help Internationally recognised designatory letters Member App available on Android and iOS INTELLIGENCE AND INSIGHT APRIL 2015 | ICAEW.COM/ECONOMIA ISSUE 37 | ACCOUNTANCY | FINANCE | BUSINESS 200+ Confidential Fight for and non- your right Specialist technical Multimillionaire barrow boy Barry Hearn on fortune, family and making his own way helpsheets and judgmental PRIVATE EQUITY THE PENSIONS REVOLUTION EUROPEAN support and ROAD TRIPS FAQs advice 18 International member groups 3,450+ 24h electronic 24 10 journals UK District International Societies offices and books Information online when you need it – no cost, no time zone, no delay Agenda Time Session 09:00 Registration 09:30 Formal requirement for wills; When to use life interest trusts; When to use discretionary trusts; Taking instructions for a will – who is the client?, family, size of estate, who does the client wish to benefit; Capacity to make a will and knowledge and approval of the contents; Undue influence: Conflict of interest – couples may have different wishes; Does client have an equitable interest in a house vested in the name of someone else? Does someone else have an equitable
    [Show full text]
  • Agrarian Reform in Eighteenth -Century Denmark
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Papers from the University Studies series (The University of Nebraska) University Studies of the University of Nebraska 1977 Agrarian Reform in Eighteenth -Century Denmark Lawrence J. Baack Follow this and additional works at: https://digitalcommons.unl.edu/univstudiespapers Part of the Arts and Humanities Commons This Article is brought to you for free and open access by the University Studies of the University of Nebraska at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Papers from the University Studies series (The University of Nebraska) by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. new senes no. 56 University of Nebraska Studies 1977 Agrarian Reform in Eighteenth-Century Denmark The University of Nebraska The Board of Regents JAMES H. MOYLAN ROBERT L. RAUN chairman EDWARD SCHWARTZKOPF CHRISTINE L. BAKER STEVEN E. SHOVERS KERMIT HANSEN ROBERT G. SIMMONS, JR. ROBERT R. KOEFOOT, M.D. KERMIT WAGNER WILLIAM J. MUELLER WILLIAM F. SWANSON ROBERT J. PROKOP, M.D. corporation secretary The President RONALD W. ROSKENS The Chancellor, University of Nebraska-Lincoln Roy A. YOUNG Committee on Scholarly Publications GERALD THOMPSON DAVID H. GILBERT chairman executive secretary JAMES HASSLER KENNETH PREUSS HENRY F. HOLTZCLAW ROYCE RONNING ROBERT KNOLL Lawrence J. Baack Agrarian Reform in Eighteenth-Century Denmark university of nebraska studies : new series no. 56 published by the university at lincoln: 1977 For my mother. Frieda Baack Copyright © 1977 by the Board of Regents of the University of Nebraska Library of Congress Catalog Card Number 77-78548 UN ISSN 0077-6386 Manufactured in the United States of America Contents Preface vii Agrarian Reform in Eighteenth-Century Denmark 1 Notes 29 Acknowledgments 45 Preface AGRARIAN REFORM can be one of the most complex tasks of gov­ ernment.
    [Show full text]
  • Land and Feudalism in Medieval England
    Land and Feudalism in Medieval England by Magistra Rosemounde of Mercia Most people know that the feudal system controlled property ownership in England after the Norman conquest of 1066, but without a real understanding of what that means. Feudalism (the term was not actually used until the 17th century) was a social as well as an economic system. It combined elements of Germanic tradition with both Roman and Church law. It is a law of conquerors. The basis of English feudalism was that every person's position in society was defined through a relationship with land, because land was the major source of revenue and the real source of power. Prior to the Conquest, two types of land holdings were known in England: the Celtic, and later, the Germanic or Saxon. Under Celtic custom, all land was held by the sword. There were no legal institutions to protect ownership, only the owner's ability to hold it. Under the Saxon system, land ownership was tied to families. Land was not held of any superior and was not allowed to leave family possession. This form of holding was called folk-land. Folk-land was measured by dividing it into large counties that were then subdivided into hundreds. Later, as Saxon law was influenced by Roman law and the Christian Church, two other holdings developed: book-land, land that was a gift from a superior, and laen-land, land that was loaned to someone outside the family unit in exchange for something. This changed with the Norman conquest. William the Conqueror and his successors, claimed ownership of all the land in England, and everyone else held their land either directly or indirectly from the King.
    [Show full text]
  • A Survey, Analysis, and Evaluation of Holographic Will Statutes Kevin R
    Hofstra Law Review Volume 17 | Issue 1 Article 5 1988 A Survey, Analysis, and Evaluation of Holographic Will Statutes Kevin R. Natale Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Natale, Kevin R. (1988) "A Survey, Analysis, and Evaluation of Holographic Will Statutes," Hofstra Law Review: Vol. 17: Iss. 1, Article 5. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol17/iss1/5 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Natale: A Survey, Analysis, and Evaluation of Holographic Will Statutes NOTES A SURVEY, ANALYSIS, AND EVALUATION OF HOLOGRAPHIC WILL STATUTES I. INTRODUCTION Traditionally, a holographic will' has been deemed valid when it is "entirely written, dated, and signed" in the handwriting of the testator.2 While modern statutory provisions 3 may vary,4 one central feature remains constant-no attesting witnesses are required for valid execution.5 Thus, the formalities of attestation,' which serve important ritualistic, evidentiary, and protective functions,7 are not 1. Some jurisdictions utilize the term "olographic" will. See, e.g., LA. Civ. CODE ANN. art. 1588 (West 1952 & Supp. 1986) (providing for "olographic" testaments); S.D. CODMEt LAWS ANN. § 29-2-8 (1984) (providing for "olographic" wills). 2. See Dean v. Dickey, 225 S.W.2d 999, 1000 (Tex. Civ. App. 1949) (stating the an- cient rule that "a will should be valid if entirely 'written, dated, and signed by the hand of the testator.'" (quoting Iz re Dreyfus' Estate, 175 Cal.
    [Show full text]
  • The 1837 Wills Act
    The 1837 Wills Act: This month we will be having a detailed look at several sections from the Wills Act 1837. As will writers are aware the 1837 Wills Act (WA1837), as amended, supplies the detailed background legislation that must be followed whenever a will is drafted. The actual text of the Wills Act is provided along with the current amendments and commentary as to the meaning and effect of the statute. By the addition of the full text of the WA1837 will writers have the opportunity to read the actual words of this vital legislation governing the way in which wills are validly conceived, drafted, interpreted and executed. You should read the statutory WA1837 text extracted and the associated notes carefully and then answer the usual 15 CPD questions. Sections that are not mentioned below have been previously repealed. Section 1: [1.] Meaning of certain words in this Act: “Will”: “Real estate”: “Personal estate”: Number: Gender. The words and expressions herein-after mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say,) the word “will” shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, [F1and also to an appointment by will of a guardian of a child,][F2and also to an appointment by will of a representative under section 4 of the Human Tissue Act 2004,] .
    [Show full text]