Sallis v Jones
A statement that a will is made in contemplation of marriage generally, without naming the intended spouse, did not prevent the will being revoked by the testator's later marriage.
Facts
A testator made a will which stated that it was made in contemplation of marriage, but did not name the person whom he intended to marry. He later married. Under the Law of Property Act 1925, a will expressed to be made in contemplation of a marriage was not revoked by the solemnisation of the marriage contemplated, but otherwise a will was revoked by marriage. The question was whether the will survived.
Legal principle
The court held that the will was revoked by the marriage. The statutory exception required the will to be expressed to be made in contemplation of a particular marriage, to a particular person, and a statement that it was made in contemplation of marriage in general was not sufficient. The rule is now in section 18 of the Wills Act 1837, as substituted in 1982, which requires that it should appear from the will that the testator was expecting to marry a particular person and intended that the will should not be revoked by the marriage.
Related cases on revocation, construction and failure of gifts
- Re Adams [1990] Ch 601
- Cheese v Lovejoy (1877) 2 PD 251
- Re Cleaver [1981] 1 WLR 939
- Gill v Gill [1909] P 157
- Re Goodchild [1997] 1 WLR 1216
- Healey v Brown [2002] EWHC 1405 (Ch), [2002] WTLR 849
- Re Jones [1976] Ch 200
- Kell v Charmer (1856) 23 Beav 195
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