how is a will revoked, who decides?

Busby15 | 22:30 Tue 01st Jul 2008 | Civil

3 Answers

My brother who died suddenly made a will a few years ago leaving his house to his then partner but business shares to his nephew. He married 2 years ago but hadn't updated his will. Who decides that what he wished for will not be granted now?

Bill of sale not received

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

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joggerjayne

Nobody "decides". It's just the law.

Marriage revokes your Will. The End.

We had a Will post earlier. If your interested, I posted this link.

http://www.idealwills.com/

Unfortunately your late brother should have redone his Will.

Barmaid

s18 Wills Act 1837 is pretty conclusive on this point. UNLESS the will was made in contemplation of marriage and states as much that section revokes it entirely.

dzug

Effectively your brother decided to revoke his will by getting married and not making a new one. Presumably in ignorance - but he may have been well aware what he was doing and not wished to draw attention to it.

If the new wife is in agreement, a Deed of Variation can be drawn up to allow the original wishes to be carried out. But only if she agrees.

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