Joe makes a will leaving everything to his girlfriend Lara. He then marries Sue, not in contemplation of the will. What is the effect on the will?
Answer and explanation
Correct answer: A. The will is revoked by marriage under section 18 of the Wills Act 1837
- Step 1: Section 18 provides that marriage revokes a will unless it was made in expectation of that marriage.
- Step 2: Joe's estate would pass under the intestacy rules, unless he makes a new will.
Answer
The will is revoked by marriage under section 18 of the Wills Act 1837.
Why not the others: Marriage revokes unless expressly in contemplation; consent is not required; children are irrelevant.
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