Will Vs Marriage

Cliecost

Hi,

Quick question.

If someone has a will in place, gets divorced and then remarries but doesn't change the will, does the new marriage take precedence or does the old will still stand?

Thanks.

Oscar_the_Pug

The new marriage cancels out the old Will.

It's worth knowing that if the person divorced and didn't remarry their old Will is still valid, but it is read as though the ex spouse had died before them. That means the ex won't inherit, but the rest of the Will would be fine.

fluffnutter

Oscar's pretty much covered it, but to expand; if you marry after making a will, you're effectively treated as dying intestate. Which can be a real pain in the botty.

So, even though the new marriage takes precedence over the old will, it's not the same as making a new will. It's the same as never having made one at all.

ellay864

When I remarried the will was the first thing we did. We each have kids from our first marriages. If I'd died without a new will then technically my second hubby would get everything and that could then go to his kids...with my kids missing out. Granted, they probably could contest but why go through all the hassle for a moderately small price

meritaten

yes - a legal marraige will invalidate a will.

Torry_Quine

In Scotland marriage and divorce do not invalidate a will.

swampduck

If a will is made in contemplation of marriage then it will stand if the person dies whether married or not meaning that their new love can inherit all their worldly goods provided that is what they wanted!!
Otherwise as others have said a new marriage invalidates any wishes stated in a will prior to the marriage.

Swampy

Cliecost

Thank you all so much for your replies.

One last thing that I thought I'd ask (something the 2nd answer made me think of)

In this case the person with the will made it a while back when he had several properties and was married.

Since then he's divorced and sold a couple properties.

Does this mean his ex-wife wouldn't be entitled to anything, even if named?

And would the will be invalid because a couple propertied were sold?

Also, he now has a GF (bit of a gold digger, but no chance of marriage) would she be entitled to anything if not named?

Thanks for any help.

tyllwyd

I think the questions you are asking are too specific without knowing exactly what it says in the will.

Cliecost

tyllwyd wrote: »

I think the questions you are asking are too specific without knowing exactly what it says in the will.

They are quiet broad questions. They could apply to anyone.

Oscar_the_Pug

Yes, the ex-wife would be treated as though she'd already died, even if named in the Will (unless, and this is very unlikely it says that she's to inherit despite divorce).

But anyone who was financially dependent on the person might be able to make a claim against their estate if the dead person hasn't made reasonable financial provision for them. So the girlfriend might have a claim but it's very difficult to rate someone's chances on such vague information.

For the sake of completeness the ex wife might also have a claim for reasonable financial provision - it depends on whether the finances were sorted out and a 'clean break order' made when they divorced. If not, then in theory she could also make a claim.

The law says that their needs and resources would be balanced against the needs and resources of the other beneficiaries.