Revocation of will

Court and others v Despallieres [2009] EWHC 3340 (Ch); LSG 28 January p13

Before entering into a civil partnership with a much younger man, the deceased made a will making him his sole beneficiary. The will provided that it should not be revoked by the testator’s subsequent marriage, civil union partnership nor adoption. Was this sufficient to avoid the revocation of the will under s18B(1) of the Wills Act 1837 which contains provisions in respect of civil partnerships paralleling those in s18 in relation to marriage? Subsection 3 of s18B provides that a will is revoked by the formation of a civil partnership unless it appears from the will (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person; and (b) that he intended that the will should not be revoked by the formation of the civil partnership.