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Effect of marriage, divorce and separation on a will

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Effect of marriage 

If a person gets married, any will that they made before the marriage is usually automatically revoked upon marriage. This applies regardless of whether the will-maker knew that getting married would have this effect. There is an exception where the will was made in contemplation of marriage and the marriage subsequently occurred, in which case the will remains in force.

Effect of divorce 

Divorce does not revoke a will. However, after divorce, any gift made in the will to the ex-husband or wife is void and of no effect, and the will is read as if ex-husband or wife passed away immediately before the deceased. 

Effect of separation 

Mere separation alone has no effect on a will. Unless there has been a formal separation order or an order dissolving the marriage, the fact that the will-maker had separated from his or her spouse or partner before their death has no effect on their will. 

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