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Marriage and Divorce and Wills

September 28, 2017

You probably know that marriage revokes a Will. You might also know that divorce also revokes a Will.

Unlike a pending divorce, if a Will is made in contemplation of marriage, but the marriage is not solemnised, the Will is void, unless it is stated to be valid notwithstanding the marriage not being solemnised.

This can make things tricky if:

(a) someone dies before they have a chance to be married, having made a will in contemplation of marriage; or
(b) someone makes a Will in contemplation of marriage, and it is stated that the Will is to be effective regardless of the marriage taking place, but they get jilted at the alter and get run over on the way to pub to drown their sorrows.

So there are a few things to consider if you or anyone you know are contemplating marriage or divorce!


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