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Will was not revoked by deceased’s subsequent marriage

By: Colm Scott Byrne BL

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High Court holds that the will made by the deceased was not revoked by his subsequent marriage, on the grounds that it was quite clear that the will made by the deceased on 18th June 2019 was made in contemplation of his marriage to the respondent; and the court makes an order admitting the will to probate.

Probate law - application by the executor's to prove the deceased's will - the deceased died on 12th August 2019 - the deceased was survived by his wife, the respondent to this application, and seven siblings - by a will made on 18th June 2019, the deceased devised his house to his seven siblings in equal shares and bequeathed the residue of his estate to his wife - the deceased and his wife were married on the 8th August 2019 - s. 85(1) of the Succession Act, 1965 - whether the deceased’s will of 18th June 2019 was revoked by his subsequent marriage - whether the testator, at the time he made is will, had in his mind, or had regard to, his marriage to the respondent - Court makes order admitting will to probate.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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