As a general rule the courts will not allow a variation of the provisions of a will which is capable of being carried out. In the past, however, variation of the provisions of a will was allowed in certain limited circumstances.

Indicate in which one of the following circumstances variation of the will will NOT be allowed:

Question

As a general rule the courts will not allow a variation of the provisions of a will which is capable of being carried out. In the past, however, variation of the provisions of a will was allowed in certain limited circumstances. 
 
 Indicate in which one of the following circumstances variation of the will will  NOT  be allowed:

Answer

Where the strict enforcement of the testator’s provisions will result in the testator’s intentions being frustrated.

Answer

Where the circumstances of the case demand a departure from the will.

Answer

Where the dispositions in the will are based on mistaken assumptions about the testator’s assets or liabilities.

Answer

Where there are more profitable ways to distribute the estate than those provided for in the will.

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As a general rule the courts will not allow a variation of the provisions of a w...

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