Revocation of a will refers to the invalidation or cancellation of a previously made will. It can occur either through express revocation or tacit revocation.
Express revocation occurs when the testator explicitly revokes their will by creating a new will or through a written declaration of revocation. For example, if B had written a new will after his divorce from A, explicitly stating that A is no longer his beneficiary, it would constitute express revocation.
On the other hand, tacit revocation occurs when certain events or actions indicate the testator's intent to revoke the will, without explicitly stating so. In this case, the key event is B's divorce from A. Divorce generally operates as a tacit revocation of any provisions in the will that relate to the former spouse.
Regarding the question of whether A will be able to inherit from B, it's important to determine the legal standing of the divorce between A and B. Laws regarding divorce and its impact on wills can vary depending on the jurisdiction.
In many jurisdictions, divorce automatically revokes any provisions in a will benefiting the former spouse, unless there is evidence to suggest a contrary intent. This is often based on the presumption that after a divorce, the testator would not want their former spouse to inherit their estate.
Therefore, based on the information provided, it is likely that the divorce between A and B would operate as a tacit revocation of Clause 4 of B's will. As a result, A would not be able to inherit from B under the terms of the will.
However, it's important for A to consult with a lawyer specializing in wills and estates in their specific jurisdiction to get accurate advice based on the applicable laws and any potential exceptions or nuances that may exist.
Clause 4 of the will of B, dated 07 May 2023, reads as follows: “I bequeath my estate to my wife, A.” The marriage between A and B was dissolved by divorce on 07 July 2023. B married M on 11 September 2023 and died on 08 October 2023.
A approaches you for legal advice on whether or not she will be able to inherit from testator B. Explain to A what the revocation of a will entails and also indicate how tacit revocation differs from express revocation. Advise A on whether she will be able to inherit from B or not.
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