In an interesting case before the England & Wales High Court, an application by a widower for summary judgment has been refused. In Lattimer v Karamanoli [2023], the claimant argued that his marriage to the terminally ill testator revoked the Will which she had executed in his presence the previous day. The case raises interesting issues around the construction and rectification of Wills and the extent to which a marriage can be challenged after death.

 

The testator, who had been admitted to a hospice and was dying from lung cancer, made her Will apparently with the help of her partner and her Orthodox priest. She and her partner had a religious marriage ceremony later that day, and entered into a legal civil ceremony the following day. The testator then died two days after the marriage took place.

 

The claimant later claimed that the Will was revoked by the marriage, that his wife had therefore died intestate and that he was entitled to all of her worldwide estate (located in both the UK and Cyprus) as the sole beneficiary under intestacy.

 

The testator’s sister, who was one of six beneficiaries in the Will, counterclaimed that given the circumstances, the Will must have been made in contemplation of the marriage, with the result that it would not have been revoked.

 

Ultimately the court refused the application for summary judgment and the matter will go to a full trial. Clearly further examination of the evidence surrounding the testator’s intentions will be required. However, whether or not the court eventually finds that the Will was revoked, the case serves as a notable reminder of a legal concept that is often overlooked: that a marriage taking place after the execution of a Will automatically revokes that Will, unless specifically made in contemplation of marriage to a particular person. The legal position is identical in Northern Ireland.

 

Often individuals will make a Will and not revisit it for many years, even decades. If the individual client has married during the intervening period, often he or she will be completely unaware that the Will which was made previously will have been revoked by their marriage. Frequently the event of marriage will often act as a trigger for clients to review their personal affairs and estate planning anyway, but it is common for clients not to fully appreciate that they would in fact die intestate in the absence of making a new Will. As such, any specific gifts or legacies made in favour of particular beneficiaries or charities in the previous Will would actually have no effect on their death.

 

Sadly, the above case also highlights the importance of having one’s estate planning in order at an early stage. Hastily drawn “deathbed Wills” can very often be problematic, especially when prepared without the assistance of a solicitor, and are commonly contested by disappointed beneficiaries. There is no true substitute for a properly drafted Will prepared and executed with the benefit of sound legal advice.

 

It remains to be seen how this particular case will play out at trial but it is worth noting that the legal position around revocation of a Will by marriage has been the subject of recent consideration by the Law Commission in England & Wales, with a further consultation awaited. We will await the judgment, and the consultation, with interest.

 

The content in this article has been prepared by Fiona Kirkpatrick in our Estate Planning team. If you have queries about any issues raised in this article or any other Wills, Trusts or Estate Planning queries you can contact Fiona here.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.