Clause 4 of the will of B, dated 07 May 2023, reads as follows: “I bequeath my estate to my wife, A.” The marriage between A and B was dissolved by divorce on 07 July 2023. B married M on 11 September 2023 and died on 08 October 2023.
A approaches you for legal advice on whether or not she will be able to inherit from testator B. Explain to A what the revocation of a will entails and also indicate how tacit revocation differs from express revocation. Advise A on whether she will be able to inherit from B or not.
Revocation of a will refers to the invalidation or cancellation of a previously made will. It can occur either through express revocation or tacit revocation.
Express revocation occurs when the testator explicitly revokes their will by creating a new will or through a written declaration of revocation. For example, if B had written a new will after his divorce from A, explicitly stating that A is no longer his beneficiary, it would constitute express revocation.
On the other hand, tacit revocation occurs when certain events or actions indicate the testator's intent to revoke the will, without explicitly stating so. In this case, the key event is B's divorce from A. Divorce generally operates as a tacit revocation of any provisions in the will that relate to the former spouse.
Regarding the question of whether A will be able to inherit from B, it's important to determine the legal standing of the divorce between A and B. Laws regarding divorce and its impact on wills can vary depending on the jurisdiction.
In many jurisdictions, divorce automatically revokes any provisions in a will benefiting the former spouse, unless there is evidence to suggest a contrary intent. This is often based on the presumption that after a divorce, the testator would not want their former spouse to inherit their estate.
Therefore, based on the information provided, it is likely that the divorce between A and B would operate as a tacit revocation of Clause 4 of B's will. As a result, A would not be able to inherit from B under the terms of the will.
However, it's important for A to consult with a lawyer specializing in wills and estates in their specific jurisdiction to get accurate advice based on the applicable laws and any potential exceptions or nuances that may exist.
Revocation of a will refers to the act of cancelling or invalidating a previously made will. There are two types of revocation: tacit revocation and express revocation.
Tacit revocation occurs when there is a change in circumstances that render the terms of a will irrelevant or impossible to fulfill. In this case, the divorce between A and B on 07 July 2023 would be considered a tacit revocation. Since B's will expressly bequeathed his estate to his wife, A, the divorce effectively terminates A's entitlement to inherit from B.
Express revocation, on the other hand, occurs when the testator explicitly revokes the will, usually by creating a new will that expressly cancels out the previous one. It should be noted that in certain jurisdictions, remarriage after divorce does not automatically revoke the previous will. However, since B remarried M on 11 September 2023, and died on 08 October 2023, if B did not create a new will after the divorce, it is likely that A would still be considered the beneficiary according to the will.
Ultimately, A's ability to inherit from B depends on the laws and regulations of the specific jurisdiction in which B's will is being administered. It is recommended that A consults with a competent legal professional who can provide personalized advice based on the relevant laws in her jurisdiction.
When a will is revoked, it means that it is no longer valid and legally binding. There are two types of revocations: express revocation and tacit revocation.
Express revocation occurs when the testator specifically and explicitly revokes the will. This can be done by creating a new will that states the intention to revoke the previous one, or by physically destroying the original will with the intention of revocation. Express revocations are usually clear and unambiguous.
On the other hand, tacit revocation takes place when there are certain conditions or events that automatically revoke a will. One common condition for tacit revocation is when the testator gets divorced. In many jurisdictions, divorce automatically revokes any provision in the will that was made in favor of the former spouse, unless the will specifically states otherwise.
In the case you presented, the will of B was made on May 7, 2023, and stated that B's estate would be bequeathed to his wife, A. However, A and B got divorced on July 7, 2023, which automatically revokes any provision in the will made in favor of A. B then married M on September 11, 2023, and subsequently passed away on October 8, 2023.
Based on the information provided, A will not be able to inherit from B because the provision in the will bequeathing the estate to A was revoked by their divorce. In this case, the tacit revocation resulting from the divorce automatically cancels any inheritance rights that A would have had under the will. It is important for A to consult with a legal professional who can review the specific laws and regulations in her jurisdiction to provide accurate advice based on the relevant legal framework.