Past Law - Not Current Governs in Will Revocation
The Court of Appeals of the state of Kentucky recently ruled
the law in effect at the time of execution of a will takes precedence over
current law.
On October 30, 1990 James Riggins, a widower, drafted a hand-written
will including instructions for the distribution of his assets to his children
at the time – Dennis, Jane, and John. On October 31, 1990, James married
Tita Alega, a woman from the Philippines who James married via a contractual
arrangement. No provisions were made in the will for Tita nor for any children
they might have.
In 1990 when James drafted his will, there was a law on the
Kentucky books stating wills will be revoked by a marriage. There were three
exceptions noted in the law, however, the court ruled the exceptions were
not relevant to this case. This law was subsequently revised in 1998 to
state, "a will shall not be revoked by the marriage" of the testator.
James died in 2002. Upon his death, his son John presented
the will for probate, but the husband of James' daughter, Jane, filed
to declare the will invalid. The court ruled the will had been revoked under
the original law, i.e., the law in effect at the time the will was signed
would take precedence over the law in effect at the time of death of the
testator. Because the will had been ruled revoked the day James married
Tita, the day after it was signed, it was ruled James died intestate and
his assets were to be distributed accordingly.
The decision was appealed, and the Kentucky Appeals Court
affirmed the lower court's decision.
Source: Riggins v. Floyd (KY App. Ct.,
No. 2004-CA-001486-MR, 9-9-05)
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