A Will

[Differentjudge]

Hi...after some advice for my friend

His father died recently and his fathers widow (his step mother ) is making claims about the will..

My friends father made a will 15 years ago, he subsequently married and did not change his will. (his first wife died many years ago )

Now he has passed away, his widow is saying that the will from 15 years ago is void due to the fact he married and that superseeds everything before.

I dont think this is right . my friend does not know what to do

any advice

[enaid]

Re: A Will

I think as you do, a will is a legal document and if it is not changed then it stands. Someone else may come back with different info on this but I can't see how she can challenge it myself

[WendyB]

Re: A Will

It depends on the wording of the original Will, doesn't it? For example, if it were to say "I leave everything to my next of kin" then the wife would have a claim to it as next of kin. If it says "I leave everything to my son/daughter/dog/whoever" then the fact that the new wife isn't a beneficiary is just too bad. If he had wanted her named then surely he would have changed the will.

Best for your friend to seek legal advice, from a solicitor or similar. You can usually get a free half hour session.

[enaid]

Re: A Will

It depends on the wording of the original Will, doesn't it? For example, if it were to say "I leave everything to my next of kin" then the wife would have a claim to it as next of kin. If it says "I leave everything to my son/daughter/dog/whoever" then the fact that the new wife isn't a beneficiary is just too bad. If he had wanted her named then surely he would have changed the will.

Best for your friend to seek legal advice, from a solicitor or similar. You can usually get a free half hour session.

The question wasn't about the contents but about the will being void if he got remarried

[WendyB]

Re: A Will

yes I know that. Probably didn't make myself clear, sorry. What I'm trying to say is no, I don't think it would be void just because he got remarried. But then it would depend on what the actual wording was in the will in the first place. For all we know, it may have said "I leave everything to my kids, unless I get married in future in which case I leave everything to my wife at the time"

[The Debt Star]

Re: A Will

marriage invalidates an existing will. period. the widow is therefore entitled on the intestecy and also to bring a claim under the inheritance (Provisions for Family & Dependants) Act 1975.

[enaid]

Re: A Will

marriage invalidates an existing will. period. the widow is therefore entitled on the intestecy and also to bring a claim under the inheritance (Provisions for Family & Dependants) Act 1975.

Thanks for that Debt Star, so in fact its as though a will was never made and he died intestate?

[Differentjudge]

Re: A Will

Thank you all...... at least i can advise him

[WendyB]

Re: A Will

Found this on the Probate Service website

WARNING: Getting married, or entering into a civil partnership after your will is made will generally revoke (cancel) it unless the will says it will not.

The Probate Service - Why make a will?

[Angry Cat]

Re: A Will

Contentious probate matters!

Always best to seek specialist advice:
http://www.actaps.com/