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Legal matters

wills - again

3 replies

marmiteonmykeyboard · 26/04/2013 12:32

A few days ago MNetters explained to me that an old signed will overruled a more up to date unsigned will...
I would be grateful if any one could now tell me what happens if between the two wills the person who wrote the will divorced (and gave a financial settlement) to the main beneficiary...Do divorces negate the content of wills? I feel like I am living in an episode of "Dallas"...
Thanking you in advance.

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OldLadyKnowsNothing · 26/04/2013 17:04

Not an expert, but I think wills need to be rewritten if the writer marries, so yes, I'd think the divorce invalidates the signed will too. So they died intestate?

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mumblechum1 · 26/04/2013 17:15

Divorce (at the point of Decree Absolute) automatically voids any gift to a spouse or appointment of them as an executor.

Therefore if the testator gave everything to their spouse in the will and then got divorced, that gift doesn't go to the spouse. If there is no fresh will then the estate will pass under the rules of intestacy.

OP I'm a will writer and if you want any further info please feel free to PM me.

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marmiteonmykeyboard · 26/04/2013 18:09

Thank you very much for your advice. I appreciate your responses. I was asking on behalf of my husband. Things much simpler now. No more questions I promise!

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