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19 July 2018 / Constance McDonnell KC
Issue: 7802 / Categories: Features , Wills & Probate
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Against their will?

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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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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