Succession Act 1965 section 88

Subsequent conveyance or other act not to prevent operation of will

Section 88 confirms that a will remains effective over any property the testator can still dispose of at death, even if they have dealt with that property in the meantime.

  • After making a will, the testator may carry out transactions (such as conveyances or transfers) involving property covered by the will.
  • Such transactions do not automatically invalidate or override the will's provisions regarding that property.
  • The only act that prevents the will from operating is a formal revocation of the will itself.
  • The will continues to govern any estate or interest in the property that the testator still has the power to dispose of at the date of death.

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