CILEX CPQ A6 Wills & Probate Practice Questions - CILEX CPQ Advanced Stage A6 Wills, Probate And Private Client Exam

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Under section 18A of the Wills Act 1837, how does the decree absolute of divorce affect a gift to a former spouse contained in a testator's existing will?

The gift lapses and takes effect as if the former spouse had died on the date the marriage was dissolved The gift remains valid and is paid to the former spouse upon the testator's death The entire will is revoked and the estate passes on intestacy The gift is automatically transferred to the former spouse's children

Correct Answer:

The gift lapses and takes effect as if the former spouse had died on the date the marriage was dissolved

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