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Wills in contemplation of future marriage

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  • 08-08-2019 2:58am
    #1
    Victor
    Registered Users Posts: 78,299 ✭✭✭✭


    lardarse wrote: »
    One thing that i did find important, was that i have a will already. But when you get married, that become null and void.

    Without wanting to hijack the user's thread.

    How valid is a will that contemplates future marriage:
    * to nobody in particular, e.g. "If I get married, I want Tom to get my car and my spouse to get the residual"? This will written perhaps years before any marriage.
    * to a specific person, e.g. "When I get married to Mary, I want Tom to get my car and Mary to get the residual"? This will written in the weeks / months before the marriage.


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    #2
    Peregrinus
    Registered Users Posts: 26,160 ✭✭✭✭Peregrinus


    The rule is found in Succession Act 1965 s. 85(1) (as amended):

    A will shall be revoked by the subsequent marriage or entry into a civil partnership of the testator, except a will made in contemplation of that marriageor entry into a civil partnership, whether so expressed in the will or not.

    So, the will only survives if its made in contemplation of a particular marriage, and it only survives that marriage. If I make a will in contemplation of marriage generally, it is revoked by any marriage that i enter into to (so there is no point in making such a will). If I make a will in contemplation of my marriage to A but unhappy differences arise, the marriage never takes place, and I end up marrying B on the rebound, the will is revoked by my marriage to B.


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