WE 9 - Marriage & Divorce

Question 1

What effect does marriage have on a Will?

Answer 1

When a person marries this automatically revokes in full any will (and codicil) made prior to the marriage, even if this is not the testator’s intention

Question 2

Is there a way to prevent a Will from being revoked in the face of a proposed Marriage?

Answer 2

Yes, it is possible to avoid the effect of s 18/18B by drafting the will in contemplation of marriage/civil partnership. But it must:
- name the future Spouse and
- ceremony and
- expressly state that the will is not to be revoked.

Question 3

What effect does divorce have on a Will? s.18

Answer 3

The court order confirming the divorce (decree absolute) or dissolution automatically operates as a limited/partial revocation of their will.

The will takes effect as if the former spouse or civil partner had died on the date of the court order unless it specifically states otherwise.

Question 4

What effect does divorce have if the ex is a sole executor?

Answer 4

The appointment fails (ex is treated as having died) and substitute executors will be appointed.

If no substitute executors in the will then NCPR 20 applies.

Question 5

Can a sole executor act if there’s a minor beneficiary?

Answer 5

Yes - executors = by will

Question 6

Can a sole administrator act if there’s a minor beneficiary?

Answer 6

No - administrators = intestate