Commentary

54 Effect of marriage or civil partnership, and dissolution or annulment of marriage or civil partnership, on testamentary appointments

POWERS OF APPOINTMENT vol 33
| Commentary

54 Effect of marriage or civil partnership, and dissolution or annulment of marriage or civil partnership, on testamentary appointments

| Commentary

54 Effect of marriage or civil partnership, and dissolution or annulment of marriage or civil partnership, on testamentary appointments

The general rule is that a will is revoked by marriage, and any appointment made by it is also revoked1. However, a disposition in a will in exercise of a power of appointment will take effect notwithstanding the testator’s subsequent marriage unless the property so appointed would in default pass to the testator’s personal representatives2. Further, if it appears from the will that at the time it was made the testator was expecting to be married to a particular person and

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