Confirmation Statement when a will is written in a previous married name

Savvy_Sue

Keep_pedalling said:

ChristinaGray said:

Hi the will was written right after her husband died.  She was older when she remarried and owned already owned her home so she didn't change it, as she wanted to leave it to her 2 grown up sons.

So she wrote it between marriages, I am afraid the second marriage still invalidates the will, although if she is leaving everything to her sons’s then it should not matter as that is where it will go under intestacy rules, although it could have been disastrous if she died first. 

I do not know what happens in Scotland, but to me it reads as if OP's mum was widowed, wrote a will, re-married and then died. If her 2nd husband is still alive, then in England that will is invalidated by the marriage.

p00hsticks

Keep_pedalling said:

ChristinaGray said:

Hi the will was written right after her husband died.  She was older when she remarried and owned already owned her home so she didn't change it, as she wanted to leave it to her 2 grown up sons.

So she wrote it between marriages, I am afraid the second marriage still invalidates the will, although if she is leaving everything to her sons’s then it should not matter as that is where it will go under intestacy rules, although it could have been disastrous if she died first. 

I'm not sure that the OP has actually stated whether the second husband has survived her or not ? 

Waunakee

In Scotland,unlike England & Wales,the act of marriage does not revoke a will

ChristinaGray

The will was written after the death of her first husband 20 years ago.  She later remarried and he sadly died last year and sadly she died a couple of months ago.  Both Scottish and in Scotland.  He died intestate with no property etc.

buddy9

buddy9 said:

ChristinaGray said:

Hopefully somebody can help.  In the dec laxation part it asks the deceased full name.  The notes say the name used on the will.  My mother in law remarried after writing this will so this is not her name at death.  What name do you put?  Thank you for any help.

The name used at death would be entered on page 1.
In box 1 of page 2 enter the name used at death and the name used in the will.

For example - Jean Alexander Brown previously known as Jean Alexander Smith

'Currie on Confirmation' also says that where the name of the deceased differs from that shown on the testamentary writing, practice is to add at end of para 2 an explanation.

So perhaps add here 'In the said will the deceased is named as xxxx xxxx' 

maman

Just in case it helps, my mother named me as her Executor in her will using my married name, which I don't use. Probate found it helpful that I offered my marriage certificate to show that I was married to Mr MarriedName and my previous name which I used when making the application. OP might be asked something similar. 🤔