Wills - Deed of variation - advice please?

Cyee

Hi everyone,

My lovely father in law passed away last week, 4 years after his lovely wife. They had a will which in effect left everything to their four children. However 5 weeks before he died he married his friend and companion, and no one realised this would render the will invalid.

Now thankfully we're not talking about a wicked stepmother here, but still the situation is confusing and worrying.

Before he died my FIL told the family that everything he and their mother worked for would go to the children and this was echoed by his new wife as he and she had discussed this to an extent.

We're now sorting things out, which is when we found that the will is invalid and that his estate automatically goes to the surviving wife. So we're working (with new wife) on getting the old will re-instated and therefore Articles of Representation (I think!) and Deeds of Variation.

The only slight hiccup is that his (lovely!) new wife is now suggesting that she may want to claim on the estate. Putting everyone's feelings aside I was wondering if anyone had any help advice on the following 2 areas:
- In the 'worst case scenario' event, is it possible to contest a situation where an estate goes entirely to a wife of a matter of weeks?
- How long does it take to get Deeds of Variation. The solicitor we're using (new wife's) says it takes a long time, and so wondered if this is the case?

Sorry for the long ramble - any thoughts and advice are very much appreciated.

Cyee

NAR

Strictly in the eyes of the law she is entitled to everything. Unless young dependent children are involved it will be down to the kindness of her heart what she is prepared to share with the children.

DVardysShadow

It is second guessing the dead, but some account should be taken of the new wife and her degree of dependence. I think that a Deed could be done very quickly if everyone is agreed and everything else is sorted - the solicitor is looking after his client, the new wife, in suggesting it takes time,AFAICS. I don't see how he can act for the rest of you, because of conflict of interest.

nigem

I had a situation that needed a DOV. As everyone was in agreement with the proposal, and we were in the middle of sorting probate, we used an online website...think it was desktoplawyer.co.uk and it was done cheaply and within a few days.
Hope this could help.

kelloggs36

HOw does the fact that he remarried invalidate the will? I always thought that the will, unless revoked by the person stood and it would have to be her that would have to contest it???

nigem

marriage automatically revokes a will

roger196

marriage automatically revokes a will unless made in contemplation of marriage

Errata

I'm puzzled by a DOV. If the new marriage invalidates any will made before the marriage, there is no Deed (Will) to vary. Similarly, it would appear that FIL died intestate and Intestacy Rules come into play, which usually means the wife gets the lot, unless the estate amounts to a very, very substantial sum.

DVardysShadow

Errata wrote: »

I'm puzzled by a DOV. If the new marriage invalidates any will made before the marriage, there is no Deed (Will) to vary. Similarly, it would appear that FIL died intestate and Intestacy Rules come into play, which usually means the wife gets the lot, unless the estate amounts to a very, very substantial sum.

Good point, although I suppose it is just a matter of either revising the intestacy, or recognising the invalidated will and varying it.

devils_advocate

nigem wrote: »

marriage automatically revokes a will

....... but only in England & Wales.

Savvy_Sue

Errata wrote: »

I'm puzzled by a DOV. If the new marriage invalidates any will made before the marriage, there is no Deed (Will) to vary. Similarly, it would appear that FIL died intestate and Intestacy Rules come into play, which usually means the wife gets the lot, unless the estate amounts to a very, very substantial sum.

DVardysShadow wrote: »

Good point, although I suppose it is just a matter of either revising the intestacy, or recognising the invalidated will and varying it.

But surely the simplest thing would be to let the intestacy stand, everything goes to new wife, and she shares out the majority? she might want to formalise that by signing over the house but retaining the right to live in it, of course.

But I agree that the new wife's solicitor isn't the person to advise the children about this.