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Family Law

The leading authority on all aspects of family law

17 DEC 2009

WILLS: Court v Despallieres; Re Ikin (Deceased)

(Chancery Division; Arnold J; 17 December 2009)

The man entered into a civil partnership shortly after making a will leaving everything to the man who later became his civil partner. The will in question declared that the will would not be revoked by marriage, civil partnership or adoption. After the man's death, the civil partner asserted that the will had not been automatically revoked under Wills Act 1837, s 18B(1). The question arose whether the terms of the will made it clear (i) that it had been made in expectation of civil partnership with a particular person, and (ii) that the will should not be revoked by the formation of the civil partnership, in which case, within s 18B(3), the will would not be revoked by the civil partnership.

There was nothing in the will that showed that the deceased had expected to form a civil partnership, let alone a civil partnership with a particular person. There was nothing in the will to connect the provision stating that the will would not be revoked by a subsequent civil partnership to the bequest to the man who later became the civil partner.

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