Is Dad’s Will Valid?

[Outofdepth]

Good morning Beagles!

My Father has unexpectedly recently passed away and as my mother has dementia, I am trying to sort out his affairs on her behalf.
A little back story regarding my parents’ history ……. They married, had me, got divorced, my mother remarried but it didn’t last long and she returned to my father and they eventually remarried.
So, now, the only will that I can find for my father is one that names my mother with a different married name (the one in between the two marriages to my father). My question is, can the validity of that will be questioned? It would make sense to me that as it is the same person, there shouldn’t be a problem with it but I don’t want to fall foul to correct process.
Thank you in advance for any input

[PallasAthena]

A Will is automatically revoked when someone marries (Wills Act 1837 s18). It is irrelevant that they are marrying someone they had previously been married to. So if the Will that you have found is dated before your father remarried your mother then that Will is no longer valid and he will be treated as having died without a Will ('intestate').

The exception would be if the Will expressly refers to his intended remarriage to your mother.

Are you certain he didn't make a new Will after his remarriage to your mother?

You will need to look at the rules of Intestacy to see who inherits: Intestacy - who inherits if someone dies without a will? - GOV.UK

[Outofdepth]

Thank you so much for your reply.
The wills for both of my parents were always kept in the same file so I’m not aware of them having been updated. I think I had better arrange an appointment with a solicitor.

[Pezza54]

Had your father not remarried your mother, his old will would still be valid. Your mother would have been entitled to inherit under her name when she was married to her new partner.

Under the rules of intestacy, your mother would have been able to apply to probate for letters of administration. Sadly she is now suffering from dementia and is unable to apply

Yourself and any siblings you have, are entitled to apply for the letters of administration. If you feel confident and your father's estate isn't complex, you could apply online to be appointed administrator using probate form PA1A without the need to consult a solicitor.

If your father lived in England or Wales, then under intestacy rules, your mother will inherit the whole of his estate if it is valued less than £322k
If the estate exceeds £322k, your mother inherits 50% of the value over £322k and you and any siblings inherit equal shares in the remainder