Island Life Magazine Ltd August/September 2009 | Page 21

PROPERTY

life

LEGAL ISSUES
The effects of
entitlement
under a will in the
circumstances
of divorce.

Photo: Mark & Terence Willey

Where, after an individual who has made

dissolved and, therefore, the gift to her

the child of the former spouse where the

a Will, a decree of the Court dissolves or

failed. However, as the Will provided that

former spouse does not have parental

annuls a marriage or declares it void, the

the gift over was to take effect only if

responsibility for the child.

Will will take effect as if any appointment

the wife predeceased or failed to survive,

of the former spouse as an Executor

it too failed because neither of these

that following a divorce immediate

or as the Executor and Trustee of the

criteria applied.

consideration should be given to making

Will were omitted and furthermore any

pass on Intestacy. Legislation dealt with

a new Will and particularly in the

devise or bequest to the former spouse

this in 1985 under what was called the

circumstances of re-marriage to protect

shall lapse, except in so far as a contrary

Law Reform (Succession Act 1995) and

the interests of any children (if any) of a

intention appears by the Will. Thus, the

within this Act it provided for deaths on

former marriage.

gift to a former spouse lapses as soon as

or after the 1st January 1996 and the

the marriage is dissolved.

definition of “lapse” to be construed as

will complete mutual Wills (i.e. Wills

of Sinclair (Deceased) 1985 it was held

if the spouse had died on the day the

that mirror one another to protect the

by the Courts that the word “lapse” in

marriage was annulled, or of the Decree

respective interests of children on both

this context simply means “fail”.

Absolute in divorce and this legislation

sides from former marriages).

In F