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Page:Mrs Beeton's Book of Household Management.djvu/2215

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2005
LEGAL MEMORANDA

his property to X. Y., the property to which X. Y. would be entitled would be the residue of the testator's estate as it existed at the time of his death, and not as it existed at the time the will was made.

Codicil, only Means of altering a Will when Executed.—If after a will has been signed any alteration is required, it can only be made by means of a codicil, which should be in accordance with the following form: This is a codicil to the will of me A. B. of—, which will bears date the .... day of .... Whereas by my said will I have given, etc Now I revoke the said gift of, etc and in lieu thereof I give, etc And in all other respects I confirm my said will. In witness whereof I have to this codicil to my aforesaid will set my hand this . . day of (Attestation required as in the case of the will itself.) A. B.

Who are capable of Making a Will.—A woman married after January 1, 1883, can dispose of her property by will in the same way as any other person. A woman married before that date can dispose of property belonging to her for her separate use, but as there may be a difficulty in determining the extent of such property, she should take legal advice in making a will. A will made by a married woman does not require to be re-executed after the death of her husband. A person under twenty-one years of age cannot make a valid will. Except as above, any person of sound mind and understanding may make a will.

Effect of Marriage on a Will.—A will, whether made by a man or a woman, is revoked by marriage.