Kent Solicitors

Marriage automatically revokes a Will made prior to the date of the marriage, unless specific provision is included that the Will is made "in contemplation of marriage". This must be very specific, ie with the name of the intended spouse and the proposed date of the Wedding.

A Will may be partially revoked by divorce, annulment of a marriage, or dissolution of a civil partnership. The action causes the parts of the Will referring to the former spouse or civil partner to lapse.

The current position in England & Wales, where a divorced person dies leaving a Will that refers to his former spouse who survives him is as follows:-

* any reference to the former spouse as a legal personal representative or trustee, is ignored

* any legacy or devise given to the former spouse lapses

It is important to make a Will when the parties first separate, as until the Divorce is finalised, gifts to the spouse will still be valid. Many people consider waiting until their Divorce is final before considering the Will, but if they die before the decree absolute is granted, the estranged spouse could end up with everything! It is unlikely that they would want this to happen.

Labels: wills marriage revoke