12 August 2016
If the later will is void, how would this affect the earlier will?
Scenario:
1. The deceased executed a will in 2000 (first will).
2. The deceased executed another will in 2005 (second will) with a proviso that the second will shall be 'void' if he did not marry his future wife. The second will also has a provision revoking the first will.
3. The deceased did not marry his future wife and subsequently passed away.
Does this mean the deceased died intestate or do we fall back on the earlier will?
Thank you.
Thanks for your question.
Either outcome is possible depending on the surrounding circumstances and construction of the will. The question is whether the first will was revoked by one of the methods provided for in section 12(2)(da) or (e) Wills Act 1997. It is possible a court could find there was a revocation even though there is no subsequent will.
Consideration should be given to whether on a proper construction of the second will, it is valid but the gift to the intended wife was conditional on marriage and failed.
Regards
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