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Widower/Husband's old Will

I married a widower with grown children. He has a will prior to our marriage, leaving all to his late wife and children. What is the legal position if he dies before making a new will?

There are three circumstances in which an existing will can be revoked.  Firstly if the will-maker (testator) tears it up with the intention to revoke, secondly makes a new will and thirdly marries (unless the earlier will is made specifically in contemplation of the new marriage). 

 

Based on this listener’s question, clearly the third provision applies in that he married the listener and the will was automatically revoked.  I believe from this that he has died intestate (no will) and therefore as things stand this listener is entitled to two-thirds of his estate and his children are entitled to one-third to be divided equally between them. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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