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Exploring the Law of SuccessionStudies National, Historical and Comparative$
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Kenneth Reid and Marius de Waal

Print publication date: 2007

Print ISBN-13: 9780748632909

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748632909.001.0001

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Revocation of Wills by Changed Circumstances

Revocation of Wills by Changed Circumstances

Chapter:
(p.141) 8 Revocation of Wills by Changed Circumstances
Source:
Exploring the Law of Succession
Author(s):

M C Schoeman-Malan

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748632909.003.0018

This chapter considers revocation of wills by changed circumstances in the context of two mixed jurisdictions in South Africa and Scotland, one jurisdiction from the common law world in England, and one from the civil law world in the Netherlands. It explains that the increasing frequency of divorce and second marriages makes application of a rule of automatic revocation both appropriate and necessary. The findings of the analysis reveal that revocation by marriage is less commonly found than revocation by divorce, and that, of the jurisdictions under discussion, only England provides that an existing will is revoked by marriage of a testator.

Keywords:   revocation of wills, South Africa, Scotland, England, Netherlands, divorce, second marriages, common law, civil law

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