will Flashcards
A man made a valid will 10 years ago, leaving most of his estate to his wife. Since then, the man separated from and subsequently divorced his wife. He then met his new partner. They got engaged last year and entered into a civil partnership this year.
Which of the following statements best describes the effect of these events on the man’s will?
Responses
The man’s will was revoked by his civil partnership. A marriage or civil partnership revokes a pre-existing will unless it is clear from the will that: (1) the testator was expecting to marry or enter into a civil partnership with a particular person, and (2) the testator intended that the will should not be revoked by the marriage or civil partnership. Since the man made his will while still married to his wife, he could not have written it with the expectation that he would be entering into a civil partnership with his partner. Therefore, the testator’s civil partnership revoked the will.
