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Section 18B [1] of the Wills Act 1837 contains new provisions with regard to the revocation of an existing Will by the formation of a Civil Partnership, in the same way that marriage automatically revokes an existing Will, UNLESS, in either Civil Partnership or Marriage cases:
It appears from the Will:
The deceased was a successful executive in the music industry with substantial wealth. By a 2002 Will he had left his Estate to friends, family members and 3 Australian Charities. In 2008 however, he had formed a close relationship with the defendant (a much younger man). A new Will was produced by the defendant, though the family alleged in any event that it was a forgery. The new Will was dated August 2008. It read as follows:
“I the undersigned [Testator] do by the present:
1 Revoke all former wills and testamentary dispositions heretofore made by me and declare this to be my irrevocable last will and testament
2 Direct that this, my last will and testament shall not be revoked by neither subsequent marriage, civil union partnership nor adoption
3 Declare that my country of domicile is the United Kingdom
4 Give and bequeath to [the Defendant] the entirety of my estate as a sole beneficiary”
The Testator and the Defendant had entered into a Civil Partnership in October of the same year. The new Will would therefore have been automatically revoked UNLESS it complied with S18B above.
Mr Justice Arnold held that the deceased had not complied with the section because:
Conclusion
There are 4 specific points to be aware of:
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