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 the time of the marriage. However, the Court of Appeal held
