Will Amendment - Marriage & Divorce Flashcards
(12 cards)
Is a will revoked on Marriage?
Yes the will is revoked in full upon marriage unless it was made in contemplation of that specific marriage.
Can a testator prevent revocation of their will by marriage?
Yes, by including a clause showing the will is made in contemplation of a specific marriage or civil partnership and that it is not to be revoked by it.
What are the requirements for a will in contemplation of marriage to be valid?
- The will must name the future spouse or civil partner
- The marriage must be to that specific person
- The will must state it is not to be revoked by the marriage
Can a will be effective only upon marriage?
Yes. The will can include wording such as “This will takes effect only upon my marriage to [X]”.
What happens if a will is made in contemplation of marriage but the marriage never occurs?
Unless the will states otherwise, it still takes effect from the date of execution.
What effect does divorce or civil partnership dissolution have on a will?
the ex-spouse is treated as having died before the testator.
What parts of a will are affected by divorce?
- Any appointment of the ex-spouse as executor/trustee becomes ineffective
- Any gift to the ex-spouse fails
Can the divorce rule be overridden by the testator?
Yes, by stating clearly in the will that the ex-spouse should still benefit despite divorce.
What happens if the spouse was the sole executor and the gift to them fails?
An administrator is appointed (under the statutory order), and the gift may result in partial intestacy unless an alternative beneficiary is named.
Is divorce considered a full or partial revocation?
Partial. Only the references to the former spouse/civil partner are treated as revoked.
Can a mutual will be revoked unilaterally?
Not if it would be unconscionable. Equity may enforce the agreement via a constructive trust.
