Will - Divorced less than 2 years ago
Discussion
PurpleMoonlight said:
Yes.
Marriage nullifies an existing Will but not divorce.
You seem to know what you’re talking about PM, and I’m not disputing anything that you’ve said, as I’m not affected by the subject.Marriage nullifies an existing Will but not divorce.
However, just to be clear that I understand the rights and wrongs of this, just for reference you understand, if a couple are married, and one party makes a will, leaving all their worldly goods to their spouse, and then dies, that will is valid, (I can’t see why it wouldn’t be), and the spouse inherits the aforementioned worldly goods, but, if a spinster makes a will leaving everything to a bachelor that she knows, but subsequently marries another guy, that will is invalidated, is that correct?
If it is correct, and I reiterate, I don’t have a dog in this hunt, would the original bachelor have grounds to contest the invalidation?
HRL said:
Solicitor dealing with the will says it’s no longer valid as they are out of business.
Not sure if it’s just because of that or because of the divorce too.
That seems odd, why would a will be invalid just because the company that helped write it went out of business? Not sure if it’s just because of that or because of the divorce too.
You don't even have to use a solicitor to write a will.
Frank7 said:
You seem to know what you’re talking about PM, and I’m not disputing anything that you’ve said, as I’m not affected by the subject.
However, just to be clear that I understand the rights and wrongs of this, just for reference you understand, if a couple are married, and one party makes a will, leaving all their worldly goods to their spouse, and then dies, that will is valid, (I can’t see why it wouldn’t be), and the spouse inherits the aforementioned worldly goods, but, if a spinster makes a will leaving everything to a bachelor that she knows, but subsequently marries another guy, that will is invalidated, is that correct?
If it is correct, and I reiterate, I don’t have a dog in this hunt, would the original bachelor have grounds to contest the invalidation?
I believe it's the law that marriage invalidates an existing Will, but I couldn't quote the legislation I'm afraid.However, just to be clear that I understand the rights and wrongs of this, just for reference you understand, if a couple are married, and one party makes a will, leaving all their worldly goods to their spouse, and then dies, that will is valid, (I can’t see why it wouldn’t be), and the spouse inherits the aforementioned worldly goods, but, if a spinster makes a will leaving everything to a bachelor that she knows, but subsequently marries another guy, that will is invalidated, is that correct?
If it is correct, and I reiterate, I don’t have a dog in this hunt, would the original bachelor have grounds to contest the invalidation?
PurpleMoonlight said:
Is the solicitor the sole executor?
I’ve not seen the will myself but would assume it says his ex-wife, or my mother-in-law, as it was written in ‘99. They divorced just under 18 months ago. Does it make any differences tax-wise if the will is declared invalid? Aside from his ex-wife he has two children, my wife and my brother-in-law.
I don’t want to interfere if at all avoidable but equally I don’t want my wife to lose out because of something easily avoided or misunderstood.
HRL said:
Solicitor dealing with the will says it’s no longer valid as they are out of business.
Not sure if it’s just because of that or because of the divorce too.
As others have said, the original solicitors have NOTHING to do with the validity of a will they helped draft. If that is what is being said, then a new solicitor is needed!!Not sure if it’s just because of that or because of the divorce too.
http://www.makeawill.co.uk/page-divorce-file-75.ht... suggests the divorce does have an impact.
Perhaps peruse https://www.gov.uk/government/publications/family-... as that looks the right place!
mikeiow said:
As others have said, the original solicitors have NOTHING to do with the validity of a will they helped draft. If that is what is being said, then a new solicitor is needed!!
http://www.makeawill.co.uk/page-divorce-file-75.ht... suggests the divorce does have an impact.
Perhaps peruse https://www.gov.uk/government/publications/family-... as that looks the right place!
Going by that it would treat his ex-wife as though she is dead following a decree absolute. Automatically estate split between his children then instead?http://www.makeawill.co.uk/page-divorce-file-75.ht... suggests the divorce does have an impact.
Perhaps peruse https://www.gov.uk/government/publications/family-... as that looks the right place!
Bottom publication is from 1993 so not sure how current that is.
HRL said:
Going by that it would treat his ex-wife as though she is dead following a decree absolute. Automatically estate split between his children then instead?
Bottom publication is from 1993 so not sure how current that is.
That flies in the face of what I understood and have been told, but it seems fairly unequivocal.Bottom publication is from 1993 so not sure how current that is.
I was heavily involved in managing my father's will and there were provisions for divorce and the death of or incapacity of my mother.
desolate said:
That flies in the face of what I understood and have been told, but it seems fairly unequivocal.
I was heavily involved in managing my father's will and there were provisions for divorce and the death of or incapacity of my mother.
Me too,but Googling it does appear to support it.I was heavily involved in managing my father's will and there were provisions for divorce and the death of or incapacity of my mother.
Sorry for the misinformation OP.
It can be s
t.... Ive heard of a guy getting divorced and saying to everyone "yes I've re done my will" then died.... All that could be found was the will that pre-dated his divorce and yes his ex-wife got the lot...... we can but hope there's some left by the time his children need it!
t.... Ive heard of a guy getting divorced and saying to everyone "yes I've re done my will" then died.... All that could be found was the will that pre-dated his divorce and yes his ex-wife got the lot...... we can but hope there's some left by the time his children need it!Gassing Station | Finance | Top of Page | What's New | My Stuff