Marriage and divorce MCQs Flashcards
A woman died last month. In her latest will, which she made five years ago, the woman appointed her partner as her executor and her residuary beneficiary. The woman and her partner entered a civil partnership 18 months ago.
Which of the following is correct?
The woman has died testate. The civil partner may not act as executor but the gift of residue to her will be effective, provided there is no extrinsic evidence suggestion the woman wanted someone else to inherit instead.
The woman has died partially intestate. The civil partner may act as executor but the gift of residue to her lapses.
The woman has died partially intestate. The civil partner may not act as executor and the gift of residue to her lapses.
The woman has died testate. The civil partner may act as executor and the gift of residue to her will be effective, provided there is no extrinsic evidence suggestion the woman wanted someone else to inherit instead.
The woman has died intestate.
The woman has died intestate.
Correct. Entering a civil partnership has the effect of revoking any previous will – s 18B Wills Act 1837. There is nothing to suggest the will was made in contemplation of the woman’s subsequent civil partnership – the woman has died intestate.
A woman died last month. In her latest will, which she made five years ago, the woman appointed her husband as one her executors and named him as one of her residuary beneficiaries. The woman and her husband divorced 18 months ago.
Which of the following is correct?
The woman has died intestate.
The husband may not act as executor and the gift of residue to him lapses.
The husband may act as executor and the gift of residue to him will be effective, provided there is no extrinsic evidence suggesting the woman wanted someone else to inherit instead.
The husband may act as executor but the gift of residue to him lapses.
The husband may not act as executor but the gift of residue to him will be effective, provided there is no extrinsic evidence suggesting the woman wanted someone else to inherit instead.
The husband may not act as executor and the gift of residue to him lapses.
Correct: The effect of s18A Wills Act 1837 treats the ex-spouse named in the will as if they had pre-deceased the testator. This means that ex-spouse cannot be appointed as executor and cannot inherit under the will.
A testator died last week. The testator made her first valid will three years ago.
The will appoints the testator’s husband to be joint executor of her estate with her brother. The will contains one gift of £300 to her nephew and the rest of her assets are shared equally between such of her children and husband that survive her.
The testator and her husband finalised their divorce last year. The testator’s husband is still alive.
Which of the following best describes the effect of the will?
* The will was partially revoked when the testator divorced. The testator’s brother will act as sole executor, the testator’s nephew will inherit £300 and the rest of her estate passes to her children only.
* The will was partially revoked when the testator divorced. The testator’s brother will act as sole executor, the testator’s nephew will inherit £300 and the rest of her estate is shared between her former spouse and children.
* The will is not affected by the divorce as it was executed beforehand. The clauses take effect as stated.
* The will was partially revoked when the testator divorced. The testator’s former spouse and brother will be appointed executors, the testator’s nephew will inherit £300 and the rest of her estate is shared between her children only.
* The will was automatically revoked in full when the testator divorced. The testator died intestate.
- The will was partially revoked when the testator divorced. The testator’s brother will act as sole executor, the testator’s nephew will inherit £300 and the rest of her estate passes to her children only.
A testator plans to get married next month. The testator made a valid will (Will 1) years before meeting their fiancé (F) and leaving all of their assets to their sister.
The testator now wants to make a new will (Will 2) leaving most of their assets to their future spouse.
If the testator executes Will 2 before the wedding, which of the following is correct?
* Will 2 should not have been executed before the wedding and can only remain effective if the wedding does not take place.
* Will 1 is unaffected by the testator’s marriage.
* Will 2 will not be revoked by the testator’s marriage, provided it is made expressly in contemplation of the testator’s marriage to F.
* Will 2 will not take effect until the testator’s marriage, provided it is made in contemplation of the testator’s marriage to F.
* Will 2 will not be revoked by the testator’s marriage, provided it is made expressly in contemplation of the testator’s marriage. No reference to F is required.
- Will 2 will not be revoked by the testator’s marriage, provided it is made expressly in contemplation of the testator’s marriage to F.
Correct
Correct: By virtue of s 18 Wills Act 1837 marriage automatically revokes any will or codicil made beforehand. This can only be avoided if the will includes an express clause stating it is made in contemplation of the marriage to F and should not be revoked by it.
The other options were incorrect because:
- Whether or not a will is made in contemplation of marriage, the will is effective on execution unless there is express wording that it should only take effect on the occurrence of particular event
- Will 1 is revoked by the marriage.
Will 2 can be made before the wedding provided it is made expressly in contemplation of that wedding.
A testator made a valid will four years ago which contained the following clause:
“This will is made in contemplation of any civil partnership I subsequently enter”.
The testator entered into a civil partnership one year later. Two months ago the testator separated from their civil partner and started proceedings to dissolve the civil partnership.
The testator died yesterday before any court order was finalised. There are no other relevant clauses in the will.
Which of the following is correct in respect of the testator’s will?
* The will was automatically revoked when the testator entered the civil partnership. If the testator has made a previous will, their estate will be distributed according to the terms of the previous will.
* The will was automatically revoked when the testator separated from their civil partner.
* The testator’s will has not been revoked as no court order confirming the dissolution of the civil partnership was issued before they died.
* The will was automatically revoked when the testator entered the civil partnership and the testator died intestate.
* The will was partially revoked when the testator initiated formal proceedings to dissolve the civil partnership.
- The will was automatically revoked when the testator entered the civil partnership and the testator died intestate.
Correct
Correct: By virtue of s 18 B Wills Act 1837 (‘WA 1837’) entering into a civil partnership automatically revokes any previous will made by the testator. The express clause in the testator’s will concerns a hypothetic civil partnership and does not identify a named civil partner – it is therefore ineffective.
The other options were incorrect because:
S 18C WA 1837 does not take effect until a court order confirming dissolution has been issued
S 18B WA 1837- entering a civil partnership revokes all previous wills in full, not just the last one
Question 1
A man wrote out a will as follows:
‘I make this will in the hope that I will soon be married, so I leave everything to my
wife and declare this will to be irrevocable whatever may happen in the future.’
The will is validly executed.
A year later the man met a woman and, after a whirlwind romance, they were married.
However, the marriage did not last and the couple are now divorced.
Is the will valid?
A Yes, because it was made in contemplation of marriage.
B Yes, but the gift to the wife fails as a result of the divorce.
C Yes, because the testator declared the will to be irrevocable.
D No, because the will was revoked by the subsequent divorce.
E No, because the will was revoked by marriage
Answer
Option E is correct. A will is revoked by marriage.
Option A is wrong because in order to be saved from revocation the will must be made in
contemplation of marriage to a particular person. A general expectation or hope of marriage
is not sufficient.
Option B is wrong because, although the option sets out the usual effect of divorce on a gift in
a will, on the facts this will had already been revoked.
Option C is wrong because a general declaration that a will is irrevocable is of no effect.
Option D is wrong because divorce does not revoke a will.
