Will advice please - solicitor gone out of business

[CollectorOfCookbooks]

My DH and I want to make new wills as we have recently married.

Mine is relatively simple. His is more complex, as he is divorced.

He already has a will, lodged with a law firm. The will was drawn up during his previous marriage, which he (obviously!) has a full decree nisi from. There were various court orders made regarding finances following the divorce, but at the start of the year full and final settlement was made. He was advised not to change his will until all finances were sorted. Then he wanted to wait til after our wedding, hence the timing.

He's tried to call and after a bit of a hunt online it appears the solicitors has closed or gone out of business.

So before we go and make new wills, how does his original ?will? become invalid, and can he get a new will?

Many thanks

New wills should always contain a standard revocation clause "I revoke my earlier testimentary dispositions", which will automatically invalidate the old will. He just needs to make sure the clause is present in the new will and that the new will is correctly executed.

It is good if you can find the old will and physically destroy it, but it is not necessary.

Also, unless his previous will was made "in anticipation of marriage", his old will automatically died a death when you married him.

That's great to know Zia, thank you - I don't believe it was, but I will double check

As Zia says, your marriage has already revoked your dh's existing will.

I'm a will writer (I have a paid for ad over on Classifieds Small Business if you're interested), and if he has any dependent children, I'm sure your husband will be aware that he needs to consider any claims which they could potentially make if adequate provision isn't made.

This could be a share of the capital, or if for whatever reason he couldn't or didn't wish to do that, he should probably put in place some term insurance to cover his child maintenance obligations instead.