Marriage and Divorce Flashcards
Effect of marriage after writing a will?
Automatically revokes the will, even if unintended.
Does entering into a civil partnership revoke a will?
Yes, civil partnerships also revoke existing wills.
How to avoid revocation by marriage?
Draft will explicitly in contemplation of marriage, naming specific individual.
Can a will be made contemplating hypothetical marriage?
No, the individual must specifically be named.
Are these clauses correct? A) named future spouse, B) hypothetical future spouse
Only A is correct. B is invalid.
Effect of divorce on a will?
Operates as partial revocation, treating former spouse as if deceased.
Does former spouse receive gifts after divorce?
No, gifts to ex-spouse automatically fail.
Effect on executorship if partner divorces testator?
Former spouse no longer executor; an administrator appointed instead.
What happens if gift to former spouse/civil partner fails due to divorce?
Gift falls into residue unless specifically substituted.
Can express wording override divorce revocation?
Yes, explicit contrary intention can preserve gifts despite divorce/dissolution.
Which wills does revocation by divorce affect?
Only wills executed before the divorce; wills after divorce unaffected.
