Revocation of a will by marriage or civil partnership
pg.370
If testator marries or forms civil partnership after executing a will, the will is
automatically revoked under s18 of the Wills Act 1837
o Intestacy rules apply.
The rule does not apply where a testator makes a will prior to a forthcoming
marriage or civil partnership if it appears from the will that the testator was
expecting to marry or form a civil partnership with a particular person and does not
intend the will to be revoked under s18(3) WA 1837.
Unless the will states that it is conditional on the marriage or civil partnership, it will
take effect unless expressly revoked, even if the marriage does not take place.
If the testator makes a will and later is divorced, or the civil partnership dissolved (or
annulled or declared void) then under s18A WA 1837 the will remains valid but:
o Provisions appointing the former spouse/civil partner as executor or trustee
take effect as if the former spouse/civil partner has died on the date which
the marriage is dissolved or annulled, and
o any property, which is devised or bequeathed to the former souse/ civil
partner passes as if the former partner dies on that date.
pg.370
If testator marries or forms civil partnership after executing a will, the will is
automatically revoked under s18 of the Wills Act 1837
o Intestacy rules apply.
The rule does not apply where a testator makes a will prior to a forthcoming
marriage or civil partnership if it appears from the will that the testator was
expecting to marry or form a civil partnership with a particular person and does not
intend the will to be revoked under s18(3) WA 1837.
Unless the will states that it is conditional on the marriage or civil partnership, it will
take effect unless expressly revoked, even if the marriage does not take place.
If the testator makes a will and later is divorced, or the civil partnership dissolved (or
annulled or declared void) then under s18A WA 1837 the will remains valid but:
o Provisions appointing the former spouse/civil partner as executor or trustee
take effect as if the former spouse/civil partner has died on the date which
the marriage is dissolved or annulled, and
o any property, which is devised or bequeathed to the former souse/ civil
partner passes as if the former partner dies on that date.