header-logo header-logo

19 July 2018 / Constance McDonnell KC
Issue: 7802 / Categories: Features , Wills & Probate
printer mail-detail

Against their will?

nlj_7802_mcdonnell

Constance McDonnell uncovers a surprising scenario in the area of probate law

  • A will is by operation of law revoked by the testator’s marriage (notwithstanding that one of the spouses lacked capacity to marry or was coerced into marrying).

It may come as a surprise to many practitioners that a will is by operation of law revoked by the testator’s marriage notwithstanding that one of the spouses lacked capacity to marry or was coerced into marrying. This bizarre lacuna in the law merits some attention in Parliament, particularly given the efforts being made generally by state bodies, lawyers and charities to safeguard the interests of vulnerable persons of all ages.

This issue was considered by the Court of Appeal in 1978 in Re Roberts deceased [1978] 1 WLR 653, [1978] 3 All ER 225. In that case a widow was seeking a grant of administration of an estate on the footing of an intestacy. The deceased was said to have been subnormal intellectually and also to have suffered from senile dementia at

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll