I understand that to prevent a will becoming revoked upon an intended marriage, a contemplation of marriage clause needs to be included into a will and certain requirements should be met. One requirement is that it should be express that the will shall not be revoked by the forthcoming marriage. Does the wording ‘SHALL not be revoked’ need to be included or could wording such as ‘this will is not intended to be revoked by my forthcoming marriage’ be sufficient.
The law is in s18 WA 1837. s18 (3) indicates that the will should state that the testator intends to marry a particular person, who logically should therefore be named, and I would prefer your more precise longer wording about non-revocation. s18(4) (b) is a long stop saving provision but surely the testator would want to make his new will entirely self-contained rather than opting not to revoke some parts of the old one. Prima facie the usual blanket revocation clause would anyway revoke the old will in its entirety.
Jack Harper