Involuntary revocation

Question 1

explain the effect of marriage/CP on a Will and how to circumvent the effect

Answer 1

T’s Will is revoked on marriage/civil partnership, unless the Will shows that T will marry a specific person and T does not intend for the Will to be revoked

Question 2

what is the effect on the Will if the Will has been altered to reflect the marriage but it doesn’t go ahead?

Answer 2

the Will is still valid

Question 3

what is the effect on the Will if the Will has been altered to reflect the marriage but T marries a different person?

Answer 3

the Will will be revoked

the only way a Will is not revoked on marriage is if it shows that T will marry a specific person.

Question 4

what effect does converting a CP to a marriage have on the Will?

Answer 4

this doesn’t revoked the Will

Question 5

what is a void and voidable marriage and what effect do they have on a Will?

Answer 5

Void marriages are invalid from the outset (rare). It is treated as having never existed. Therefore, a void marriage would not revoke a Will.

Voidable marriages are valid until one party takes steps to end the marriage (i.e. annulment). Therefore, a voidable marriage will revoke a Will.

Question 6

give examples of void marriages

Answer 6

o Bigamy
o Incest
o Underage (pre-2023 under 16, post-2023, under 18)

Question 7

give examples of voidable marriages

Answer 7

o duress
o fraud
o pregnant by another man at the time of marriage
o impotency

Question 8

what effect does divorce/dissolution/annulment have on a Will?

Answer 8

the former spouse/CP is treated as having died on that date for the purposes of:
o If they are named as an executor or trustee (i.e. they lose their powers)
o Any gift (i.e. the gift fails - they won’t inherit)

NB: this does not apply if the Will states otherwise