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Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it true in law that the will I am about to write will remain

Resolved Question:

Is it true in law that the will I am about to write will remain valid after I have married, if it is made beforehand in contemplation of marriage, and that by law the will cannot be invalidated when that marriage occurs? Is is therefore sufficient in the will simply to state “ This will is made in contemplation of my forthcoming marriage to ….”?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what you say may I clarify that you are preparing your own will please?

Customer:

yes

Joshua :

thank you. The law provides that a Will made before a person gets married shall automatically be revoked upon marriage unless the world contains a declaration that it is made in contemplation of marriage.

Joshua :

if you are intending to marry somebody, if you wish your will to survive marriage, you will need to include a clause within the will that reads "This Will is made in contemplation of my intended marriage to [NAME]"

Joshua :

if you and subsequently marry the individual named, your will will remain valid after your marriage

Customer:

And that is absolutely legally sufficient?

Joshua :

if you do not include such a clause, you will need to make a new will after you marry as the one you made prior to your marriage will be invalid

Joshua :

Absolutely - providing the declaration is clear and unambiguous - you may wish to use the above wording, or the wording suggested to you in the Lawpack (both are sufficient) the will shall survive your marriage.

Joshua :

s18 of the Wills Act provides as above. It is primary legislation

Customer:

Thank you

Joshua :

A pleasure. I wish you all the best with your forthcoming marriage. if I can assist any further with regards XXXXX XXXXX will, please do not hesitate to contact me

Customer:

thank you!

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

One other. If I leave to my grandson artworks (drawings, paintings) made by me, would he be liable in any way to be taxed? (I am a professional with my work in the Tate for example)

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