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bdb484
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Will describing main beficiary as Is a will provision naming "my wife" prior toas a beneficiary before marriage: is it valid?

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David Siegel
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Will describing main beficiary as "my wife" prior to marriage: is it valid?

In the novel A Colorful Death by Carola Dunn, a man, Dr Fenwick, becomes engaged to a woman, Stella Warren.He makes a new will leaving all his property (except for a few small specified bequests) to "my wife, Sella Fenwick". But he dies before the marriage takes place, and his solicitor informs Stella that since she is not Dr Fenwick's wife she inherits nothing. She is significantly younger than he is, and apparently he did not specify any contingent or residuary legatee other than Stella. (The novel is not explicit on that, but assume it for this question.)

The novel is set in Cornwall sometime in the period 1965-73, so the legal system would have been England and Wales.

Would the words in the will "my wife, Sella Fenwick" have acted as a bequest to Stella before the marriage:

  1. In E&W circa 1970?
  2. In E&W circa 2022?
  3. In the US, say New York, circa 1970?
  4. In New York circa 2022?

Later it turns out that Stella killed Dr Fenwick (intending the death to occur after the honeymoon) so of course she wouldn't inherit anyway, but for this question assume that someone else killed him, or that her action was not discovered.