Marriage and divorce

Question 1

What effect does marriage have on a previous will/codicil? Does it matter if it was not the testator’s intention?

Answer 1

1. Automatically revokes in full
2. No

Question 2

How can you avoid the effect of marriage on a previous will? What details must you include? (3)

Answer 2

Make a will in contemplation of marriage.

Must include:

i. name person
ii. identify ceremony
iii. expressly state intention to not revoke on marriage

Question 3

What effect does divorce have on a will? How is the divorced beneficiary/executor treated?

Answer 3

Partial revocation of will

Treated as though they died on the date of decree absolute

Question 4

Can a contrary intention allow a divorced person to still receive benefit/act as executor?

Answer 4

Yes