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    • Hugmystress
    • By Hugmystress 16th May 18, 8:33 PM
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    Hugmystress
    old will
    • #1
    • 16th May 18, 8:33 PM
    old will 16th May 18 at 8:33 PM
    I don't know what to do... my husband died 4 weeks ago. We were married 18 months. He has 3 grown up children from a previous marriage. 5 days after his death, the children told me, he made a will years ago. Surely that's revoked now? There is now a dispute and one of his children has used this will to pick up his ashes from the funeral director and is now responding to my Txt, she lives 3 hours away. I also don't know if they will use this will to gain grant of probate. What are my options?
Page 1
    • Browntoa
    • By Browntoa 16th May 18, 8:52 PM
    • 33,558 Posts
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    Browntoa
    • #2
    • 16th May 18, 8:52 PM
    • #2
    • 16th May 18, 8:52 PM
    Unless you can prove otherwise the will is valid

    Do you own any property jointly ? If so it should pass direct to you if registered as "joint tenants" . If tenants in common then each of you owns a percentage which would be part of his estate.
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • Mojisola
    • By Mojisola 16th May 18, 8:55 PM
    • 29,790 Posts
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    Mojisola
    • #3
    • 16th May 18, 8:55 PM
    • #3
    • 16th May 18, 8:55 PM
    I don't know what to do... my husband died 4 weeks ago. We were married 18 months. He has 3 grown up children from a previous marriage. 5 days after his death, the children told me, he made a will years ago. Surely that's revoked now?
    Originally posted by Hugmystress
    When you marry, any existing will is automatically revoked (cancelled) and becomes no longer valid.
    • elsien
    • By elsien 16th May 18, 8:56 PM
    • 17,129 Posts
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    elsien
    • #4
    • 16th May 18, 8:56 PM
    • #4
    • 16th May 18, 8:56 PM
    Browntia, I don't think that's correct, unless the will was made in contemplation of marriage, is it?

    http://www.thisismoney.co.uk/money/experts/article-2409754/Is-true-getting-remarried-invalidates-will.html

    You can enter a caveat against them trying to get probate.
    https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation
    Last edited by elsien; 16-05-2018 at 8:58 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Mojisola
    • By Mojisola 16th May 18, 8:57 PM
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    Mojisola
    • #5
    • 16th May 18, 8:57 PM
    • #5
    • 16th May 18, 8:57 PM
    my husband died 4 weeks ago.

    We were married 18 months.

    he made a will years ago.

    one of his children has used this will to pick up his ashes from the funeral director
    Originally posted by Hugmystress
    Who signed the paperwork for the funeral with the FD?

    If that was you and they have given the ashes to someone else, I would be putting in a strong complaint.
    • Flugelhorn
    • By Flugelhorn 16th May 18, 9:12 PM
    • 964 Posts
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    Flugelhorn
    • #6
    • 16th May 18, 9:12 PM
    • #6
    • 16th May 18, 9:12 PM
    this sounds like an awful situation, have you actually managed to see the will?

    Agree with mojisola, who organised the funeral?
    • Hugmystress
    • By Hugmystress 16th May 18, 9:17 PM
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    Hugmystress
    • #7
    • 16th May 18, 9:17 PM
    • #7
    • 16th May 18, 9:17 PM
    I have not seen the will, I can't get them to answer my Txt. She signed the funeral papers but I paid for the funeral
    • Mojisola
    • By Mojisola 16th May 18, 9:19 PM
    • 29,790 Posts
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    Mojisola
    • #8
    • 16th May 18, 9:19 PM
    • #8
    • 16th May 18, 9:19 PM
    I have not seen the will, I can't get them to answer my Txt. She signed the funeral papers but I paid for the funeral
    Originally posted by Hugmystress
    Then the FD were okay to hand the ashes to her.

    You should start getting letters of administration for your husband's intestate estate as quickly as possible.
    • Hugmystress
    • By Hugmystress 16th May 18, 9:25 PM
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    Hugmystress
    • #9
    • 16th May 18, 9:25 PM
    • #9
    • 16th May 18, 9:25 PM
    Yes I think I need to do that he had no money or bank accounts nor property. He had a few vehicles and tools and stuff like that.
    • Mojisola
    • By Mojisola 16th May 18, 9:33 PM
    • 29,790 Posts
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    Mojisola
    Yes I think I need to do that he had no money or bank accounts nor property. He had a few vehicles and tools and stuff like that.
    Originally posted by Hugmystress
    What's the approximate value?

    Do his children think he has loads of money?

    Do you have his death certificate? Were you the person who notified the registrar?

    (This is so hard to deal with in the weeks after your husband's death. I hope you are getting support from friends and family.)
    Last edited by Mojisola; 16-05-2018 at 9:37 PM.
    • TonyMMM
    • By TonyMMM 16th May 18, 9:37 PM
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    TonyMMM
    If he had nothing to leave then any argument over his (invalid) will is a waste of your time and energy.
    • Hugmystress
    • By Hugmystress 16th May 18, 9:41 PM
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    Hugmystress
    I have registered his death and have all death certificates. The estimated value is about 30.000 to 40.000
    • comeandgo
    • By comeandgo 16th May 18, 9:47 PM
    • 2,177 Posts
    • 2,961 Thanks
    comeandgo
    If you are in England then the marriage revoked the will, if you are in Scotland will still stands.
    • Hugmystress
    • By Hugmystress 16th May 18, 9:47 PM
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    Hugmystress
    Iam in England
    • Tigsteroonie
    • By Tigsteroonie 16th May 18, 9:53 PM
    • 22,850 Posts
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    Tigsteroonie
    Iam in England
    Originally posted by Hugmystress
    In which case, Elsien posted some good links earlier in the thread.

    (((hugs)))
    Mrs Marleyboy

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

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  • archived user
    Yes I think I need to do that he had no money or bank accounts nor property. He had a few vehicles and tools and stuff like that.
    Originally posted by Hugmystress
    So why rock the boat?
    • Yorkshireman99
    • By Yorkshireman99 16th May 18, 10:14 PM
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    Yorkshireman99
    Browntia, I don't think that's correct, unless the will was made in contemplation of marriage, is it?

    http://www.thisismoney.co.uk/money/experts/article-2409754/Is-true-getting-remarried-invalidates-will.html

    You can enter a caveat against them trying to get probate.
    https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation
    Originally posted by elsien
    In England and Wales any will not containing a clause that contemplates marriage to a specific indivual and the marriage takes place is invalidated.
    • DairyQueen
    • By DairyQueen 16th May 18, 10:17 PM
    • 472 Posts
    • 760 Thanks
    DairyQueen
    Unless you can prove otherwise the will is valid
    Originally posted by Browntoa
    Sorry, but this is wrong. Marriage revokes a will unless it is 'made in contemplation' of the marriage.

    OP: If the above condition does not apply then your husband died intestate. Here are the rules of intestacy.
    • Sea Shell
    • By Sea Shell 17th May 18, 6:31 AM
    • 947 Posts
    • 1,496 Thanks
    Sea Shell
    You say he didn't really own anything...just a few cars, tools & stuff...but then estimate the estate as 30k to 40k.

    Are his cars really worth that much....are they quite new, or classics?

    Are his children under the assumption that he owned property etc. or do they really want his cars?

    As said above, it sound like this mystery will would be invalidated by your marriage, so intestacy applies.
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • Dox
    • By Dox 17th May 18, 10:31 AM
    • 937 Posts
    • 719 Thanks
    Dox
    Both you and his children are newly bereaved and grief isn't known for making us all think straight. Instead of texting, how about ringing and actually speaking to each other, if that's an option?
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