Skip to main content

When is a Will invalid?

It may be difficult to believe but the main law that relates to the validity of Wills is now over 180 years old. The chances are that if you were to challenge a Will claiming you believe that the Will...


It may be difficult to believe but the main law that relates to the validity of Wills is now over 180 years old. The chances are that if you were to challenge a Will claiming you believe that the Will is invalid you would be relying on an Act of Parliament known as “The Wills Act 1837”.


 


The Wills Act 1837 contains guidance on the circumstances on when a Will can be revoked (i.e. held to be invalid). These include the following circumstances:


 


- When a person who has a Will gets married or enters into a Civil Partnership the Will is usually found to be revoked (s18 and s18B, Wills Act 1837). This is the general rule and there are exceptions.


 


- When a person gets divorced or formally ends their Civil Partnership their Will is revoked (s18A and s18C, Wills Act 1837)


 


- If the Will is destroyed, then it is revoked (s20 Wills Act 1837).


- If there is a more recent Will, then the previous Will is revoked (s20 Wills Act 1837)


 


The above examples still apply to Wills in England and Wales and are regularly referred to in court.


 


By way of example if a grandmother wrote a Will in her 50s and, in her 70s, decided to divorce her husband and re-marry then the Will that she had written in her 50s would usually automatically be revoked. It is for this reason that people are often encouraged to write new Wills when their circumstances change and often people do not do this as they are put off by the financial cost. If there is no valid Will then the intestacy rules will apply and this can lead to family members benefitting from an estate rather than the people that a person actually wants to leave their estate to. This can be upsetting to family members left behind.


 


 


Labels

Labels:

Comments

Post a Comment

Informations From: Omnipotent

Popular posts from this blog

The Painting of Destiny

"Are you sure of this, Navan?" The old pirate stared at King Mannas' chief merchant. However, his bright emerald green eyes sparkled with laughter. "The information came from Daoud, one of my former crew members, when I was ravaging the coastal villages of Vyrone." Navan smiled at the expression crossing Gerrod's face, whose family had fled from one of these villages. The Iron Falcon was a legend and parents had always used the threat of its crew and its flaming-haired captain to scare naughty children into sleeping and behaving differently. Gerrod quickly recovered and smiled. "Then he must be a man to be trusted, indeed." "Ah!" cried Navan. "Daoud will take the coin from the mouth of a dead man while it is still warm. I trust him only because he knows the fate of him who lies to me." I may have made him captain when I decided to infiltrate King Mannas' court, but he still knows who is in charge. "We must tell ...
Post a Comment
Read more

Good Morning America is a popular

Good Morning America is a popular morning news show that airs on ABC. It has been a staple in American households since its debut in 1975. The show covers a wide range of topics including news, entertainment, lifestyle, and pop culture. With its team of talented hosts and reporters, Good Morning America provides its viewers with the latest updates on current events and trending stories. One of the things that sets Good Morning America apart from other morning shows is its lively and energetic atmosphere. The hosts, including Robin Roberts, George Stephanopoulos, Michael Strahan, and Lara Spencer, bring a sense of fun and camaraderie to the show. They engage with their audience and each other in a way that feels genuine and relatable. In addition to its engaging hosts, Good Morning America also features a variety of segments that cater to a diverse audience. From cooking demos and fashion tips to celebrity interviews and human interest stories, the show offers something for everyone. Wh...
Post a Comment
Read more

The liz hatton

The liz hatton is a unique piece of headwear that has been gaining popularity in recent years. This hat is characterized by its wide brim and low crown, which gives it a distinctive and fashionable look. The liz hatton is often made of materials such as wool, felt, or straw, making it a versatile accessory that can be worn in various seasons. One of the key features of the liz hatton is its versatility. This hat can be dressed up or down, making it suitable for a range of occasions. Whether you're going for a casual look or a more formal outfit, the liz hatton can easily complement your ensemble. Additionally, the wide brim of the hat provides excellent sun protection, making it ideal for outdoor activities such as picnics or garden parties. In terms of style, the liz hatton can be compared to other types of hats such as the fedora or the boater. While these hats may have similar silhouettes, the liz hatton stands out for its unique shape and design. The low crown and wide brim of ...
Post a Comment
Read more