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Does it have to say incontemplation of marriage or will her name in it be enough?

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Busby15 | 23:09 Tue 01st Jul 2008 | Civil
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Does his will have to say the words incontemplation of marriage or will her name be enough to stop this awful revoking melarky
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Unfortunately, her name will not normally be enough. It is required that the testator states that he is expecting to be married to X because of the wording of s18(3). Just naming her is not enough. It would need be clear on the face of the will that marriage was expected.

18(3) Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person.

I think I have seen about 6 questions about this. It really is exercising your mind. I would suggest you take a copy of the will to a local solicitor (preferably a STEP or ACTAPS member) and seek the advice of counsel since it is very difficult to advise in full without seeing the whole document. But on the face of it, the will is revoked.

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