revocation of will

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The cancellation of a will. The testator may revoke his will by destroying it with that intention, by making a new will inconsistent with the original, or by making a new will expressly revoking the original (Wills Act 1837 s 20). A will is automatically revoked by the testator's valid marriage or civil partnership, unless it appears from the will that at the time it was made the testator was expecting to marry a particular person or enter into a civil partnership with a particular person and that he intended his will not to be revoked by the marriage or civil partnership (Wills Act 1837 s 18, 18B; Civil Partnership Act 2004 s 71). A particular disposition in a will may similarly take effect in spite of the marriage. The dissolution of a marriage or civil partnership does not revoke a will but sections 18A and 18B of the Wills Act 1837 (as amended by the Administration of Justice Act 1982 s 18 and the Civil Partnership Act 2004 s 71) provide that in the event of divorce or annulment any devise or bequest to a former spouse lapses in the absence of contrary intention in the will and any appointment of the former spouse as an executor does not take effect.

Subjects: Law.

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