Will not updated after divorce

getmore4less

g6jns wrote: »

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

The will is still valid subject to the modified distributions, invalidating the will would change the executor(s).

scaredofdebt

GaleSF63 wrote: »

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

Wales - same rules as England?

g6jns_2

getmore4less wrote: »

The will is still valid subject to the modified distributions, invalidating the will would change the executor(s).

The will is irrelevant now since the only beneficiary under it is no longer entitled. So the estate is intestate. The executors appointed under the will no longer have status in the matter.

TBagpuss

g6jns wrote: »

The will is irrelevant now since the only beneficiary under it is no longer entitled. So the estate is intestate. The executors appointed under the will no longer have status in the matter.

This is not correct. The will is still valid, so the appointment of executors is valid. The will is read as if the wife had died on the date the decree absolute was made.

If the will names no residuary beneficiaries, and makes no provision for what should happen if the wife died first, then the executors will have to distribute in accordance with intestacy rules, but they remain the executors. The only exception is if the wife was named as one of the executors, in which case her appointment fails.

OP, your cousins should not have to contest the will. The gift to their mother fails, so in the absence of any residuary beneficiaries the esate would be split equally between the children.

The ex-wife might potentially have a claim on the estate IF there was no final financial order within the divorce but after 15 years this is unlikely unless uncle was still paying her maintenance.

Do check any final court order as some orders have provisions agreeing to make provision by will, or agreeing to take out life insurance, and it may be that if his order included something like that, and he didn't make the appropriate arrangements, that she might be able to make a claim.

I would suggest that your Aunt speak to a solicitor if she is unsure about her obligations as executor.

g6jns_2

TBagpuss wrote: »

This is not correct. The will is still valid, so the appointment of executors is valid. The will is read as if the wife had died on the date the decree absolute was made.

If the will names no residuary beneficiaries, and makes no provision for what should happen if the wife died first, then the executors will have to distribute in accordance with intestacy rules, but they remain the executors. The only exception is if the wife was named as one of the executors, in which case her appointment fails.

OP, your cousins should not have to contest the will. The gift to their mother fails, so in the absence of any residuary beneficiaries the esate would be split equally between the children.

The ex-wife might potentially have a claim on the estate IF there was no final financial order within the divorce but after 15 years this is unlikely unless uncle was still paying her maintenance.

Do check any final court order as some orders have provisions agreeing to make provision by will, or agreeing to take out life insurance, and it may be that if his order included something like that, and he didn't make the appropriate arrangements, that she might be able to make a claim.

I would suggest that your Aunt speak to a solicitor if she is unsure about her obligations as executor.

I have checked with the Probate Registry this morning and they confirmed you are wrong. The estate is intestate because there are no valid beneficiaries. Therefore an application has to be made for Letters of administration in the same way as if there was no will. The executors named in the will do not, repeat not have the automatic right to distribute the estate without LOA. The Probate Office will expect the original will to be attached to the LOA application. It is of course open to somebody else to apply for LOA.