DH left me NOTHING in his will – devastated and fuming

[jackmd5]

I’m honestly reeling and don’t know what to do. DH of 15 years passed away unexpectedly a few months ago. It’s been a horrible time, and I’ve been dealing with everything – funeral, DC, paperwork, the lot – while also grieving.

I’ve just found out that he left NOTHING to me in his will. Not a penny. Everything has gone to his two DC from his first marriage, who are both adults and very comfortable financially. Our joint savings, the house (which is in his name, long story), even his personal possessions – all left to them. I get that he wanted to provide for them, but to leave me, his WIFE, completely out??! I am beyond hurt and also absolutely panicking because I have no idea where this leaves me financially.

He made the will before we were married, and I stupidly assumed he’d updated it. I trusted him. Never in a million years did I think he’d do this to me. I’ve raised our DC, supported him through thick and thin, and now I’m left with nothing??

I feel sick. I don’t even know where to start with legal stuff – does anyone know if I can challenge this? I can’t believe he’s done this. I thought we had a happy marriage. Just looking at his face in old photos makes me want to scream.

Has anyone been through anything similar? What did you do? I feel so betrayed.

If the will was made before you married it becomes nil and void and everything goes to you.

IANAL.
Marriage invalidates a previous Will unless done in contemplation of marriage.

Did he not leave anything to the children he has with you? If not, I'd presume that was an old will and surely you can contest it being his legal spouse?

Sorry for your loss, I'm sure knowledgeable posters will be on to advise you

Marriage invalidates a will.

That will doesn't count any more.

We are all stating English law.
If you live elsewhere the law may be different.

Sorry for your loss.

Where do you live? Different rules in different jurisdictions.

It was probably one of those "I've got time things" which sadly he didn't have time for

But as his current spouse, with significant investment presumably, in the joint account and house, you should be able to contest it I believe

Deep breaths, speak to a lawyer, and don’t
panic x

so sorry you are dealing with this on top of your loss x

As others have said, a will made prior to your marriage is no longer valid unless it was specifically made with your marriage in mind, which it doesn’t sound like it was. In addition, any joint savings you had will become your savings - they cannot be included in a will.
Have you seen this will?

Whereabouts do you live? People will be able to give more specific advice if you say, as the law is different in Scotland compared to England and Wales, for example.

In England, if your DH did not make a new will following your marriage, then he will effectively have died intestate. Citizens Advice give some useful starting advice, but think a solicitor might be necessary to help too.
https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Thank goodness you got married OP.

I agree with PP's who've said that a marriage (or civil partnership) invalidates any previous will. So if he hasn't made a will since you married him, then you will be the main beneficiary as his next of kin.

As others have said, unless he updated it once you were married then the marriage invalidates the will. If it turns out that he did update it after you were married, you can contest it and make a claim for ‘your’ share of any marital assets. I think it basically means that you can make a claim for anything that would have been awarded to you in a divorce. So even if the house is his, it would be considered a marital asset so you would have likely been awarded a share of it in a divorce. You need to take legal advice.

what’s your relationship with his kids like?

Sounds like you’ve got good news on here.

So sorry that you are having to deal with this in top of your loss.

Where do you live? If in England or Scotland then it should work out fine in relation to the will. I don’t know about elsewhere.

If it’s from before you got married, surely it’s not malicious and he’s just forgotten? And as everyone else has said, in the UK it’s invalid anyway and everything goes to you.

It'll probably damage the relationship with his older children though.

In Scotland, a marriage gives the wife certain legal rights. OP needs to see a solicitor straight away.

As others have said, if you’re in England he’s actually died intestate as the marriage voids previous Wills, and therefore you will inherit.

You need legal advice ASAP.

Yes she can, she is entitled to anything that she would have received in a divorce settlement at the time of death.

You said DH made the will before you got married.

He died unexpectedly.

He just didn’t update his will - I guess he didn’t think he would die this soon? Just like most people, they don’t think to update their will or even make one.

I can’t imagine it was done maliciously.

Surely being married now voids the previous will?

Also take this as a reminder to update your Will now that your husband has sadly died. It sounds like he didn’t prioritise his Will and so has left a world of pain behind - but don’t do the same to your children.

I don’t think this is true at all, at least not in England

If the will was made before you married and you live in England or Wales you get the first £322,000 under intestacy rules. If there is more, the additional money is divided between you and his DC.

Also, never assume someone’s updated their will. You were married, should have probably made a will together or at least spoke about this. Especially with children involved. Do you have a will?

How did you find this out? I'm surprised that anyone would be trying to carry out a will from over 15 years ago knowing he had a wife since it was written.