Revocation

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Revocation

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‘making home-made wills i must be remembered, however, that injustice cased bythe fate o comply wth formalities an in apropriateccumstancs be em ed by legal mechanismssueh as family provision abe considered in Chapter) and proprietary estoppel be considered in Chapter 10) tn any case wl be Interesting to see whether the Law Commision can propoe reforms formalities ‘hat are sted to our current technlogicl ae, FURTHER READING 1. banks, Turning 2 Wont toto + Wil: Retig Wil Frmalies sod Eig at Community Prope ta ours 91 A Sowa, eorming Section ofthe Wile Act (2000| Con 3t Jn Sandi, “Saal Coopoce wi he Wile ACH) Nav Law Laney, ‘Admiing Detective Wis to Pb, Twenty Yes Laer: New Bree for ‘he Adoption of he Harms nor Re 380) 42 Rel Property, Pate © Tt soon Tey Shriagon Stra Lato the Excuton of W205 Conv 205 SIX Revocation ‘Chapers and shave considered the ga eequleements for resting wil In thls chapter we consider the oppasite—the requiement for undoing what hss been {ented Revocation fiery the action of ‘sling back in the sense of escing {ng orannuling. esa fundamental characteristic of wilt hey ae revesble ‘wholly o partily a any time beloreateatrs death (ee 3.1.1.5) This chapter dso considers topics relate to revocation: alterations (6), eval (3), and publiestion 6.8, ‘A will maybe revoked by four ferent methods by mariage or cel paetnersp (by another will oF coi (0 by aduly exested wetng (oy destruction, Revocation by masiage i governed by 18 of the Wit Act 187 (he equivalent tule for evil partnership I ns. 188, the other methods by 20 should be ote at this stage tata westamentary gift to a spouse pate wl aif the ‘martigecvl partnership subsequently ends i dvoreeisoutlon or mult, ut Stltly hiss noea method of evocation. tsa form alie a git and wil be onsidered ater 208.24, 61, Revocation by marriage or civil partnership. Section 18) provides tha subject certain exceptions wil shall be revoked by tle testator’ mariage ands, IBBD provides that (again subjet to exceptions) = il isrevoked by the formation ofa ivi partnership betwen the tetera ‘other peson” Revocation by mariage partntahip thus occurs automatically lnespectve of the testatorsknowedge or wise although wil be seen that testator can prevent future evocation when drafting the will No ther change Incicumstancesfor example, the bith ofa child or the death of spouse| 6.11 Justification ofthe rule Why should marrige o il partnership revoke a pelos wil? The LRC Report No. 22 considered the following aso as jatifying the rule (para 3.2) (Mariage represen fundamental hangin peso’ fea with eee (2 Aspous an chien should at inadvertently be epi ote ighs ee ty the get morte whoa. : _ © the other hand evocation dsvantge chen of 2 pir mariage who inl there a unde the wil anita nds ne charles arcu tally canceled. Moreover thas ben argued thatthe ues unnecesoy ance ‘tee wl fast make reasonable rorison forthe spouse pre snap pllcaton an be made for provision unde he inert nce Proviso ft Fey ‘nd Dependant) Act 1975, Nevers, on balance the Lae Refer Comme ttcommended retention of he rl snc twas el known to lets at ly Ime. lthasoperste smitty since 1837 and the soc ani eg aie cages hich have ten pace sine then ave not crested ned tame ata 3), may be doubted jst how "well acon this sal to lama Cea te duty of spletr tase tent lnteading to mary of he ele of 18 The Commitee consiered the suggestion thatthe uo wil shoul be peered sve spcimposed onsen py no fhe etre po Sdvantage i ths allway house’ (para 3. 61.2 Vold and votdable marriages/cvl partnerships ‘A vold mariagecvl partnership does not revoke a plo wil since such « mer "gefcilpartnership sn pinche egmded i law as never having subsite ee 22.21) InetevMete(1889)1Sw & Te 46, 164 ER 792 the esata natutalse Bush subject, wen through a ceremony of mariage in Germany with his ate ‘ie’ halter @ relationship which was then within the probed degres of ‘mariage in English. Athough the matiage was vad accvding to Getsan aw, twas oid in English aw ich was heat be applicable on te act). Ts ‘he mariage dd not revoke an ear wil made by the testator ‘A woiable mariage orev partnership, onthe other hand, prime fc ‘nt as valid If is nl it wil be regarded as having existed unl the umulment: Matrimonial Causes At 1973s 6, Hence vokdable matages revoke Poe wills. In Re Roberts 1978] WLRAS3CA, the testator went ough amarage ceemony with the paint while uferig from senile dementia another men. {aldsorders. Some Years eater he had made a ili our ofthe defendant. The tertntor ded 16 months fer the mariage (whlch had not been anne) I si that the manage od evoked the wil withthe es thatthe plant ook oer. may sem surprising that a wil shouldbe revoked by a marrage which lacks the tue consent of one o both af the partis. This is pry th consequence of f qurkin thea of nulty whereby mariage lacking consent ae deemed 0 be ‘ebdable rater than void. A umber of proposals for changes were considered bythe Law Reform Committe (ee LRC Report No. 2, para. 3.22) a8 3 resulk of the decision in Re Raber. One suggestion was tht all veidabe mariage should betrestdtike woidoner forthe purporofs 18af the 1837 Aco that no vodabe Imatiage would revoke awl ess radical suggestion was that marriages vate for ack of consent should nat evoke prior wl The Comite et tat such changes could erst as many problems they would solve, and peered the fo: lowing sggeston (which has not been enacted (pra. 32.3) fn3 Exceptions ‘Tere ate to exceptions to the rule that marsiageeivl partnerships evokes prior wil the pation aiffering according to whether or notte wll wae made ater 1992, 1.1 Expectation of mariage partneriip Section 19) of the Wills Act 1837 provide: ‘his prison, inserted into the Ws Act by the Administration of Justice Act 1982, applies to al wils mace ater 1982. Section 183) contains an equivalent rule or vil partners an was inserted by te Ciel Prterthip et 2008 Section 1809) can be broken down into te following ements: ‘ (a) "Where it appears fom a wil. 185/188) 1s satisfied ony if the test tors expectation of marsage/iil partnership and intention not revoke appear In the wil that he made (Caurtw Dspliees (2009) WH 3340 (Ch). Thus hisdemonste th expectation and he rlrat intention. However, extn ev ence wile amiable explin the ear’ ntetion asexpesie i hel tut not to sppiyanintenton not indisted seri. {o) Ashe ie was nde the tsar mut have had he celevant expect andntenton athe time when the ils made, Made’ presumably ees the ‘oment when the wills extcaton was completed {0 “Expecting to be mareed oti 3 cv partnership: not cet what cenpecting’ means eras snsorpsinghy, in Core» Despalles 9 la po ‘ing tat shall not be evoked by neither sequent marrige Ci Union Tartneship norton ws held oto cevoke the wil, eventhough 3 ter ‘awe nnned se testator sasbscquen vl panera hissoe Bene. na $eld hat the nor revocation aus was merely general statement that he tila tended to sve ter cil partners and not ho hat the detaed expected fo frm a civil partnership et alone witha pater person’ pa. 1) An obvious further cu, howeve i whether he word onotes some clement of ellos or probably. Suppose Wat Atha a {asses about Mabe woman whom be as me rely He makes il which {leayexpesses thot he expecting to many Mabe, Arto’ expectation ey be rterfareced nde, Mabel maybe Disflly nave of his inte trons, Cam Arthur aly e sd to have een ‘expecting tobe marie! tbe Probably Act simply egies that shuld appear ia the wil tat the tet for was expecting to be maid seems that the expectations o ater of the otheepaty at inet ; Tow ca the ettr show ithe withthe was expecting tobe mari? Te snes course to male an express stent to tat let inte wl But eo pectation of matiagemay ase imple om the we of rich phaser an ee oe Hance) or ny ature wit Cons nh nat of Langston 1953] 710, sree the testator hs property tomy Banc Mada Eh Seek in ave msde Thromonths before their mariage The cur edhe the tettr ha expres ‘contemplation of ara to tht ay which was the language se in pe: 1982 erin of. Bn Barton MeGrer195]NZLR AB, ferent dion as teached becouse the ge eared the word ‘ance’ as mere escripon oan ‘isting sate tas: However ces decided snes 1953 have tended to fw Trnston~foc example Rete 197] Ch nwbich Mega ated tp. Altnoug it clea hat descdbng someone a ‘wife’ normally denotes an exis Ing stat of affair, there may be urtsualacumstnces where the Word ean Rave {fleet connotation In Plt» Gar [193] P 103, the etator made win le all his propery ‘Dan Fextesone Pb my le But Dina was {tise was gy mai omar mma wo ad eters Yet cer and whom he ha een eat ote The tet mace Dany Ismonts ater making se wil yng on tele presumption the eat is ie Geren yas having capes er appre) ecu a {he lw nt evoked sine te nee en le eepeacé ens nln ofthe mage tht ok pace. Compat eve tea Go6s 1 4se te esas et eveything to ath neal Sern hosp site: nite testo has mad hr gumennly. er aes ban ees ‘beet tne eater Later sl the estar csv tn hsp nee Slave Edt ering oer exten fore fr te The mie eso Starwars whsepon theese an Eh net through sates seca satinge The stews wheter ti emony eee te ae eee Fh Shai i ate hen he enor mac sl taste ineting oo tough note cereony of mug mths at te a ilo poly he exresed content ing snes sed The deca in these cfs nb econ tn Pl Gar seems that when he stator dest hi ehaan whens eaten ngto macy er, wher hrs hry theese fe Gt sae oe wees tht expecting tbe ma? constr a como ste ones soda lst ceremony o'maragen ny mely cons toh a Lraeay expected tobe re Morons cols na beimpte torte prs