Will not updated after divorce

scaredofdebt

Help greatly appreciated.

My uncle passed away last week. His sister is executor and I've found out that the will names his ex-wife as sole beneficiary, they divorced about 15 years ago.

My uncle's children intend contesting the will, they are all adults, what chance do they have of success?

I haven't seen the will myself so not sure of the exact details.

Thanks.

sneekymum

A quick Google brings up that the ex is automatically cut out of the will once the decree absolute is granted.

Mojisola

sneekymum wrote: »

A quick Google brings up that the ex is automatically cut out of the will once the decree absolute is granted.

Unless the will was written after the divorce.

scaredofdebt

Thanks, yes the will was written before the divorce.

Your Googling skills are better than mine I was searching for a while!

Thanks again, I will pass on the info.

g6jns_2

scaredofdebt wrote: »

Help greatly appreciated.

My uncle passed away last week. His sister is executor and I've found out that the will names his ex-wife as sole beneficiary, they divorced about 15 years ago.

My uncle's children intend contesting the will, they are all adults, what chance do they have of success?

I haven't seen the will myself so not sure of the exact details.

Thanks.

Was the will dated before the decree absolute? If so it is invalid and the intestacy rules apply. If it is dated after the decree absolute it is valid. In that case the family probably have no grounds to contest it

scaredofdebt

Would the ex-wife have grounds to contest the will?

If nobody else is one the will, does that mean that the rules of intestacy take precedence and does that mean my uncle's children inherit equal shares?

He didn't remarry and no partner.

g6jns_2

scaredofdebt wrote: »

Would the ex-wife have grounds to contest the will?

If nobody else is one the will, does that mean that the rules of intestacy take precedence and does that mean my uncle's children inherit equal shares?

He didn't remarry and no partner.

AIUI the will is not valid so the intestacy rules apply. In which case the ex wife has no claim. You can find out who inherits here.

https://www.gov.uk/inherits-someone-dies-without-will

getmore4less

g6jns wrote: »

Was the will dated before the decree absolute? If so it is invalid and the intestacy rules apply. If it is dated after the decree absolute it is valid. In that case the family probably have no grounds to contest it

The will is still valid the beneficiaries/executors are modified to take account of the divorce.

g6jns_2

getmore4less wrote: »

The will is still valid the beneficiaries/executors are modified to take account of the divorce.

In this case the ex wife was the sole beneficiary so the estate is intestate.

GaleSF63

Where did your Uncle live? Divorce doesn't invalidate a will in Scotland.

g6jns_2

GaleSF63 wrote: »

Where did your Uncle live? Divorce doesn't invalidate a will in Scotland.

Does this depend on domicile or where the divorce is heard?