Will question

MrsC82

If my mother had willed money to my husband and I (Both named in the will), but her will was old and out of date, and had not been changed......  husband and I had divorced 4 years prior to her death.   Is he still entitled to half of the sum?  eg £10000 to Jessica and John Smith.  Should the decree absolute be accepted to demonstrate he is no longer entitled to the money?

Thanks

tacpot12

No, I don't think the decree absolute should be accepted to demonstrate he is no longer entitled to the money. If she left the money to him in her current Will, the executor needs to follow her wishes. If the husband doesn't know about the bequest, you may get away with not telling him about it, but if he ever found out (and he might if the estate needs probate as this means the Will becomes a public document), then the executor will be personally liable to make up his loss. The executor might need very deep pockets or they might lose their house. 

If the amount of money is large in the context of your finances, then the best thing to do is to negotiate with the husband so that he agrees to receives an amount that he regards as fair under the circumstances. If the amount is relatively small, it would be best to just pay it to him. 

Marcon

MrsC82 said:

If my mother had willed money to my husband and I (Both named in the will), but her will was old and out of date, and had not been changed......  husband and I had divorced 4 years prior to her death.   Is he still entitled to half of the sum?  eg £10000 to Jessica and John Smith.  Should the decree absolute be accepted to demonstrate he is no longer entitled to the money?

Thanks

The decree absolute has no impact on your former husband's entitlement to benefits under anyone's will - except yours. If your mother didn't update her will, then he remains entitled to whatever she left him.

Keep_pedalling

if you parted on amicable terms he might be persuaded to do a deed of variation and give up his bequest. 

naedanger

Was this a diy will? It just seems a bad idea to leave money to two people jointly. If I was the executor I would be seeking legal advice on how to divide the sum between them.

xylophone

eg £10000 to Jessica and John Smith. 

The wording is ambiguous....... £10,000 to each or £10,000 to be shared between them?

Rather like the chap who left "all to mother"......both his wife and his mum were known to the family as "mother".....