Revocation of a will by marriage and the expectation of marriage exception (Wills Act 1837 s.18)
In 2024, Marcus made a valid will leaving his whole estate to his fiancee, Leila Haddad. The will states: 'I make this will in expectation of my marriage to Leila Haddad and I intend that it shall not be revoked by that marriage.' Marcus and Leila later separated without marrying. In 2026 Marcus married Sofia Brennan. He made no further will and has recently died. Leila claims the estate under the 2024 will.
Which of the following best describes the status of the 2024 will?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: It is revoked by marrying Sofia, as the expectation-of-marriage protection covers only marriage to the person named.
THE RULE TO REMEMBER
Marriage revokes a will under s.18(1) Wills Act 1837 unless the will shows it was made expecting marriage to a particular person and intending it not to be revoked, and that saving applies only on marriage to that person.
Revocation of a will by marriage and the expectation of marriage exception (Wills Act 1837 s.18)
Section 18(1) of the Wills Act 1837 provides that, subject to subsections (2) to (5), a will is revoked by the testator's marriage. Section 18(3) saves a will only where it appears from the will that, when it was made, the testator was expecting to be married to a particular person and intended that the will should not be revoked by the marriage, and even then the will is protected only against revocation by his marriage to that person. Marcus's will satisfies s.18(3) as regards Leila, but he never married Leila. His marriage to Sofia is not covered, so s.18(1) applies and the will is revoked.
Why A is wrong: S.18(3) protects the will only against marriage to the particular person the testator expected to marry, here Leila, not Sofia.
Why B is wrong: S.18(1) makes marriage itself a ground of revocation, operating automatically.
Why C is wrong: Partial survival of dispositions under s.18(4) also depends on the testator's marriage to the particular person contemplated, so it cannot save the gift on a marriage to someone else.
Why D is wrong: S.18 contains no twelve-month time limit; the question is whether the marriage is to the particular person named in the will.
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