Bereaved widow left with nothing in a will that pre-dated her marriage by 9 years

[malgoode]

I don't know if this is the right forum for this - if not perhaps you could direct me to the correct place.

 

My friend recently died following an operation in hospital. He only married his wife (now widow) 3 years and 8 months ago (2008).

 

My friend left a will dated 1999, which was 7 years before he met his wife, but apparently did not alter it (unless a later will has magically disappeared).

 

The will leaves 100% of the estate to his only sister and the executor named is his sisters husband (ie brother-in-law).

Thus his widow is left with nothing, neither cash nor property.

 

My friend's widow had now been told (by the brother-in-law executor) to make arrangements to leave the house after the funeral because she has no right to stay there.

 

Clearly, she needs to contest the will and, if possible, the stated executor to obtain at least something from the estate.

 

How should she go about this?

 

I would add that the wife has also, for the past 2 years, been not just a wife but a carer for her late husband when he became disabled.

 

Thanks in advance,

 

Mal.

[CrappoMan]

I always thought that wills made before a marriage were invalidated by the act of marriage.

Look here: http://www.legislation.gov.uk/ukpga/1982/53/section/18

 

Info from HMRC: http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12074.htm

 

As your friend's widow has already been told to leave the home, and the brother-in-law is aware of the will, I would suggest your friend's widow seek professional legal advice urgently.

[malgoode]

Thank you so much for those links. That information will at least lighten the weight of the problem for my friend's widow. I will try and get her to a solicitor before the funeral if she is emotionally capable. Once again, Thanks.

[BankFodder]

I always thought that wills made before a marriage were invalidated by the act of marriage.

Look here: http://www.legislation.gov.uk/ukpga/1982/53/section/18

 

 

 

Info from HMRC: http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12074.htm

 

 

 

As your friend's widow has already been told to leave the home, and the brother-in-law is aware of the will, I would suggest your friend's widow seek professional legal advice urgently.

 

Quite correct. A will is invalidated by a subsequent marriage - unless it is made "in contemplation of the marriage" - normally meaning that it refers to the marriage in its text.

[assisted blonde]

As the will predated her marriage and there was no contemplation of the marriage in it then the estate will be divided up according to the intestacy rules, your friends widow must contact a solicitor asap and should not even consider moving or allowing the sister or other beneficiaries of the previous will to take any goods or chattles until it is sorted.

Has she checked with the bank/solicitor that there is not a later will? as the deceased may not have kept a copy at home and it could be lodged elsewhere.