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.

Agree in the UK any will made before marraige becomes invalid if it was not made while taking account of the intent to enter into a legal marraige contract.

Sorry for your loss🌻

Is it likely that your husband made an old will to exclude his first wife and never seen the need to put a new will in place after you got married.

I'm sorry for your loss and for this situation. How have you just found this out? It all sounds very odd.

I had NO idea about this!! Is that really true? I haven’t spoken to a solicitor yet, I’ve just been in complete shock. I was assuming I’d have to fight for anything.

If the will is invalid, does that mean everything automatically comes to me, or is there still some kind of legal process? I’m so overwhelmed with it all. I can’t believe he didn’t update it – but if this means I’m not completely screwed, that’s a massive relief.

Thank you to everyone who’s replied. My head is all over the place.

How is your relationship with his dc?

I've never heard of that, which country does that apply in, sounds very unlikely tbh

@jackmd5 thats the advantage of getting married!

My Dad remarried in 2023 and him and his new wife both had to make new wills as the ones they had prior to the marriage were not valid anymore. Without a new will they both would inherit from the other if one passed away and both had no interest in what the other had. So made new wills to reflect this and to leave what they had to their children and grandchildren.

the will your DH made prior to marrying you was invalid on your marriage day. If he did not make a new one then it goes to you.

best to check with a solicitor.

I am not sure that many people realise that marriage invalidates a previous will.

This is also my understanding

https://www.gov.uk/inherits-someone-dies-without-will

Fill yer boots OP. xx

As far as I understood, his last will becomes invalid on marriage, and everything would pass to you (if you are in England)

I am sorry for your loss.

My s’n’law’s father sadly died suddenly while he was in the process of updating his will - he died intestate and the judge awarded his girlfriend of 1-2yrs with a lot of his money / pension because she was living with him / said she was his carer. He had four daughters - they were devastated as they knew he would want them provided for.

So I am assuming as his wife with biological children you will be provided for. It’s just a horrible thing to need to do while grieving but try not to worry.

Exactly! This is quite widely known but hopefully it will all be fine for you. Have you just found the will, or just been contacted by a solicitor or what?

I hope you will be fine. :)

My husband was widowed and had a will. Last week we had a professional
will writer come to our house to update his will and write mine. She stated quite clearly that my husband's will prior to us getting married is now null and void. We live in England.

there will be a legal process yes and the marriage invalidated the will and he did to all intents and purposes die intestate but it will then go to you.

get legal advice immediately - joint savings should automatically be yours but I would check

and this really does highlight the need for having an up to date will!

It wouldn’t be everything necessarily - the rules of intestacy would apply - but the will would be invalid unless specifically made in contemplation of marriage.

This link explains it quite well

www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2018/how-does-marriage-affect-your-will/

If it's the children they may have no idea marriage invalidates a will, I don't think that's common knowledge I'd you've had it explained to you. A large proportion of the population don't even make a will

Prime example here that the OP was unaware

I don't know your situation, but a lot us don't get around to wills or updating them, especially when we're relatively young - it's that difficult subject that often gets pushed back... I'm sure the anger will pass with a little bit of time, and I hope in the meanwhile everything goes your way. Others have provided a lot of optimism to your situation. Wishing you all the best.

https://www.thegazette.co.uk/all-notices/content/103393#:~:text=Pre%2Dexisting%20wills&text=Ie%20if%20a%20person%20already,once%20the%20marriage%20takes%20place.

My understanding is also that a marriage overrides a previous Will.
My friend was on the other side of this - her dad married again quickly after her mother’s death. Then he died unexpectedly a few years later so all their mothers assets went to the new wife…

This flowchart sets out the intestate rules for England and Wales and is easy to understand
https://the-probate-network.co.uk/articles/intestacy-rules-flowchart/

You can make a will in expectation of marriage which remains valid. My brother in law did this when terminally ill and his marriage then did not invalidate the will but it had to be specifically stated.

Assuming this will was made without that provision it doesn't exist, your husband died without a will and you follow the procedure. See solicitors asap, they can explain and confirm all of this and then if his kids make an issue you will have them ready to help. I would strongly suggest considering what provision he would have offered them, family possessions etc should be passed on. Be generous. It pays dividends in the long run

Yes, marriage invalidates the will.

Unless this will was made in contemplation of marriage with you (ie before you married but with a specific clause to say that it applied after his marriage to you) it was invalidated on your marriage. If there is no other will and if you are in England or Wales the estate will be distributed in line with the intestacy laws.

https://www.gov.uk/inherits-someone-dies-without-will