Revocation of Wills by Changed Circumstances

M C Schoeman-Malan

in Exploring the Law of Succession

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI:
Revocation of Wills by Changed Circumstances

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This chapter considers revocation of wills by changed circumstances in the context of two mixed jurisdictions in South Africa and Scotland, one jurisdiction from the common law world in England, and one from the civil law world in the Netherlands. It explains that the increasing frequency of divorce and second marriages makes application of a rule of automatic revocation both appropriate and necessary. The findings of the analysis reveal that revocation by marriage is less commonly found than revocation by divorce, and that, of the jurisdictions under discussion, only England provides that an existing will is revoked by marriage of a testator.

Keywords: revocation of wills; South Africa; Scotland; England; Netherlands; divorce; second marriages; common law; civil law

Chapter.  6555 words. 

Subjects: Comparative Law

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