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Will - Revoked - what does this mean?

(11 Posts)
cankles Sat 19-Jan-13 13:23:25

Hi, wondering if anyone could give me some advice, my father has recently remarried, it's a bit complicated as they are now both overseas with a view to both returning and settling back here. I have been told that the will he wrote before he was married will now be revoked, and tbh, I don't really know what that means. Could anyone please explain that to me, it would be a great help.

Secondly they will be returning to reside in a property that I own half of (my dad the other half); I am not sure what the implications are here either and any advice about how to proceed would be incredibly helpful. They intend to flit back and forward between countries in the short term and then settling here.

I really don't want to create a division in our family but I haven't met my new step mother or her family and feel vulnerable.

any help gratefully appreciated x

IamtheZombie Sat 19-Jan-13 13:29:52

Marriage automatically invalidates (revokes) an existing will. Should your father die before executing a new will his estate would be dealt with under the rules of intestacy.

I think you need to give a bit more information about the house. Is there a mortgage? Are you and your father Joint Tenants or Tenants in Common? What exactly are your concerns about the house?

LadyMaryQuiteContrary Sat 19-Jan-13 13:37:12

I don't think that's right, Zombie.

When a will is revoked it means it's no longer valid (like cancelling it). It has to be revoked in order for any new will to be valid.

If he owns half the house and you own the other half then, legally, he can move back in. Could you buy him out/he buy you out?

LadyMaryQuiteContrary Sat 19-Jan-13 13:45:49

www.inbrief.co.uk/estate-law/revocation-of-a-will.htm

Sorry, Zombie.

It says here that it depends upon the terms of the will, so marriage could invalidate it unless this is covered by the terms.

prh47bridge Sat 19-Jan-13 13:57:16

IamtheZombie is correct that marriage automatically invalidates any existing wills unless the person clearly was expecting to marry a particular person and did not intend the marriage to invalidate the will. Your father needs to make a new will otherwise his estate will be dealt with under intestacy rules.

florencedombey Sat 19-Jan-13 14:04:08

Yes, the will will automatically have become void on his marriage, unless he included a special clause stating that the will was made "in contemplation" of the marriage. For the house, I'd suggest that you and your dad see a solicitor to get an agreement drawn up as to your rights and repoonsibilities (eg who can live there, who pays for repairs, what happens if one of you wants to sell up etc). Trust me , it's much easier (and cheaper!) to deal with this while everyone is amicable rather than wait for a dispute to brew up!

cankles Sat 19-Jan-13 15:55:09

Thank you everyone, so basically unless my dad made his will "in contemplation2 then it is invalid. That clears that up. I doubt he was that organised tbh.

The house is joint owned but I am not sure about the joint tenants or tenants in common - which I will check, I suppose I am worried about (and this sounds horrible) dad passing away and step mum remaining in the property - and florence I hadn't even thought about repairs and stuff like that, so I will take that on board as well. The property is empty atm but they will return here at the beginning of Feb.

I really don't want to get into a dispute about this at all with them but thank you all for your input and helpful suggestions; if there is anything else that you think I need to think about or know, please post! x

ClareMarriott Sat 19-Jan-13 21:21:06

Cankles

If you say the property is unoccupied, check the household insurance on it, as cover is reduced if the property is left unoccupied for longer than 30 days

cankles Sun 20-Jan-13 12:56:43

ClareMarriott, thank you for that, I hadn't even thought about insurance; it will definitely be unoccupied for a few months this year; there is a small mortgage on the property. I need to check this, my dad will know who he has it insured with (if there is a reduction, that will make him happy, unless he already knows).

Just re-reading the posts and rather than get into protracted discussion with dad, that may end in a row, I just suggest to him that we go to a solicitor to sort out the ins and outs.

Ok, thanks.

CarrotsAreNotTheOnlyVegetables Tue 22-Jan-13 11:18:27

Cankles - I think Clare means that the level of cover is reduced, not the premium. This means that, for example, you may not be covered for things like break-ins as the house is more vulnerable if it is known to be empty. That will not make your DF happy!

cankles Wed 23-Jan-13 12:00:15

thanks Carrots, that makes sense; no DF will not be happy! but don't think he's going to be too happy with me anyway! x

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