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Revocation of a will by marriage or civil partnership

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Consolidated notes on revocation of a will by marriage or civil partnership

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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.

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