Introduction
Under English law, the act of marriage or entering into a civil partnership has significant legal implications for the validity of a will. The Wills Act 1837, as amended by subsequent legislation such as the Administration of Justice Act 1982, establishes that a will is automatically revoked upon the testator's marriage or civil partnership unless it was made in anticipation of that specific event. This principle necessitates a thorough understanding of the statutory requirements and the conditions under which a will retains its validity despite such life changes. This article examines the core legal principles governing the revocation of wills due to marriage or civil partnership, details the effects of divorce or dissolution on existing wills, and discusses other methods of revocation, including execution of subsequent wills and destruction.
Automatic Revocation by Marriage or Civil Partnership
Section 18 of the Wills Act 1837 provides that a will is revoked by the subsequent marriage or civil partnership of the testator, except in certain circumstances. This statutory provision operates under the assumption that marriage represents a major change in personal circumstances, potentially altering the testator's intentions regarding the distribution of their estate.
An important exception to automatic revocation exists where the will is made in anticipation of the marriage or civil partnership. Section 18(3) stipulates that if a will is expressed to be made in contemplation of a specific marriage or partnership, it is not revoked by the solemnization of that marriage. The contemplation must be explicit and pertain to a particular marriage; general expressions of anticipation of marriage are insufficient.
Example Case
Consider the scenario of Edward, who executed a will leaving his estate to his sibling. Subsequently, Edward married without updating his will or including any clause indicating that the will was made in contemplation of his marriage. Under Section 18, Edward's marriage automatically revoked his will. Upon his death, his estate would be distributed according to the intestacy rules, which might allocate assets contrary to his original intentions.
This illustrates the necessity for individuals intending to marry or enter a civil partnership to review and, if necessary, revise their wills to ensure that their testamentary intentions are preserved.
Wills Made in Contemplation of Marriage or Civil Partnership
To prevent automatic revocation upon marriage or civil partnership, a testator may make a will in contemplation of that specific event. The will must contain a clear statement indicating that it is made in contemplation of the marriage or partnership to a named individual.
For example, a clause stating, "This will is made in contemplation of my forthcoming marriage to Sarah Williams," satisfies the requirement of specificity. The inclusion of such a clause ensures that the will remains valid after the marriage takes place.
It is important to note that if the anticipated marriage does not occur, the will remains valid unless revoked by other means. However, if the testator marries someone other than the person named, the will is revoked upon that marriage.
Effects of Divorce or Dissolution on a Will
The legal consequences of divorce or dissolution on a will are distinct from those of marriage. Section 18A of the Wills Act 1837, introduced by the Law Reform (Succession) Act 1995, addresses the impact of divorce or dissolution on testamentary dispositions.
Upon the finalization of a divorce or dissolution:
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Gifts to the Former Spouse or Civil Partner: Any gift to the former spouse or civil partner is treated as if the former spouse had predeceased the testator, causing the gift to lapse unless an alternative provision is specified in the will.
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Appointments as Executor or Trustee: Any appointment of the former spouse as executor or trustee becomes ineffective, as if the former spouse had died before the testator.
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Remaining Provisions: Other provisions in the will remain unaffected.
This statutory modification ensures that the will does not need to be entirely rewritten upon divorce or dissolution, but the testator should nonetheless review their will to address any necessary changes.
Example Case
Consider Margaret, who executed a will leaving her entire estate to her husband, appointing him as sole executor. Following their divorce, she did not update her will. Upon her death, the gifts to her former husband would lapse, and he would not be able to act as executor. Unless alternative beneficiaries and executors are named in the will, her estate would be partially intestate, potentially causing complications in the administration of her estate.
Revocation by Later Wills or Codicils
A testator may revoke a will by executing a new will or codicil. Revocation can be:
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Express Revocation: The new will contains a clause expressly revoking all previous wills and codicils. This is the most straightforward method of revocation, providing clear evidence of the testator's intention.
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Implied Revocation: Occurs when the provisions of a later will are inconsistent with those of an earlier will. To the extent of the inconsistency, the earlier will is revoked. The case of Onions v Tyrer (1716) established that an inconsistent later will revokes the earlier will by implication.
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Partial Revocation: A codicil may alter certain provisions of a will without revoking it entirely. The codicil must comply with the same formalities as a will.
The importance of clear drafting cannot be overstated. Inconsistent or ambiguous provisions can lead to disputes and litigation, as seen in cases like Re Strittmatter’s Will Trusts [1944], where conflicting clauses created uncertainty regarding the testator's intentions.
Revocation by Destruction
Under Section 20 of the Wills Act 1837, a will can be revoked by destruction, provided two elements are present:
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Physical Act of Destruction: This includes burning, tearing, or otherwise destroying the will.
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Intent to Revoke (Animus Revocandi): The testator must intend to revoke the will at the time of destruction.
Both elements must coincide. If a will is accidentally destroyed without intent, the revocation is ineffective.
Case Law Illustration
In Cheese v Lovejoy (1877), the testator struck through his signature and wrote "revoked" on the will but did not physically destroy it. The court held that mere words without physical destruction were insufficient to revoke the will under Section 20.
Similarly, in Gill v Gill [1909], a will was torn by the testator during a fit of anger but without the settled intention to revoke it. The court found that the requisite intent was absent, and the will remained valid.
Complex Scenarios Illustrating Revocation Principles
Scenario 1: Blended Families and Automatic Revocation
Dr. Amelia Patel executed a will leaving her estate to her two children from a previous marriage. She later married Mr. Thomas Greene but did not update her will or make it in contemplation of her marriage. Upon her marriage to Mr. Greene, her will was automatically revoked under Section 18 of the Wills Act 1837. Dr. Patel unexpectedly passed away without a valid will, resulting in intestacy.
Under the intestacy rules, Mr. Greene, as the surviving spouse, would inherit the first £270,000 of the estate and half of the remainder, with the other half divided among her children. This outcome may not reflect Dr. Patel's original intentions to provide solely for her children. This scenario highlights the essential importance of updating wills upon significant life events to ensure the testator's wishes are honored.
Scenario 2: Conditional Destruction and the Risk of Intestacy
Michael decided to revoke his existing will by destroying it, intending to execute a new will that reflected changes in his personal circumstances. Before he could sign the new will, he died unexpectedly. The destruction of the original will, coupled with his intent to revoke it, resulted in effective revocation. In the absence of a new will, Michael died intestate.
As a result, his estate was distributed according to the intestacy rules, which may not have aligned with his revised intentions. This scenario emphasizes the legal risks associated with revoking a will without having a new, valid will in place.
Conclusion
The revocation of wills is governed by specific statutory provisions aimed at ensuring that a testator's last valid intentions are carried into effect. Marriage or civil partnership automatically revokes a will unless it is made in contemplation of that specific event, reflecting the recognition of marriage as a major change in circumstances. Divorce or dissolution alters the effect of a will concerning a former spouse or civil partner, treating them as having predeceased the testator for the purposes of gifts and appointments.
Revocation can also occur through the execution of a new will or codicil, either expressly or by implication, and through physical destruction with the requisite intent. Understanding these mechanisms is essential for legal professionals advising clients on estate planning and for individuals ensuring that their testamentary dispositions remain valid and effective.
Complex family structures and life events necessitate careful consideration of how wills may be affected by statutory provisions on revocation. By comprehensively understanding these legal principles and their interactions, the risk of unintended outcomes, such as partial intestacy or the nullification of intended gifts, can be mitigated. Observing formalities and proactively updating wills in response to life changes are key in upholding the testator's true intentions.
