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Divorcee remarrying

8 replies

FurbleSocks · 27/03/2022 22:48

If person A divorces person B and person A makes a new will in favour of person C THEN marries person D what 'by marriage' rights does person D have to person A's assets? Whether explicitly mentioned in the will or not. Person A owns no property. Person D owns the house D & A live in. Thank you.

OP posts:
LadyGardenersQuestionTime · 27/03/2022 22:52

Get legal advice, but I think wills are revoked on marriage unless there is something explicit in them to say they are written with the view that they should hold after marriage. But don’t hold me to that…

Shouldbedoing · 27/03/2022 22:55

It's fairly typical that a person entering a 2nd marriage leaves their assets to their children, ditto their spouse would will to their DC. Any shared property can be willed to the relevant offspring for each person and often the surviving partner is willed permission to remain in their home for several years or life. You absolutely should get legal advice on this. Imagine person A getting turfed out by Person Ds 'heirs' at an advanced age. Person D might only have a claim on Person As assets if they had been maintained by them. Seek legal advice. It's too important to risk.

titchy · 27/03/2022 22:57

Wouldn't the marriage to D invalidate the will? Meaning they would have died intestate and therefore the first £250k goes to D.

Collaborate · 27/03/2022 23:10

@LadyGardenersQuestionTime

Get legal advice, but I think wills are revoked on marriage unless there is something explicit in them to say they are written with the view that they should hold after marriage. But don’t hold me to that…
This is correct. The marriage invalidates the earlier will.
FurbleSocks · 28/03/2022 17:24

OK so when person A and person D marry, person A's will is revoked. Is that correct UNLESS there's something in the will saying it stands even in the event of marriage?

So will all of person A's assets (shares, ISAs, pension) go to person D even if the will before marriage said they should go to person C?

Thank you so much for your time and advice.

OP posts:
CremeEggThief · 28/03/2022 17:27

You really need proper legal advice for something this important, OP. You can't rely on hearsay or "the norm."

titchy · 28/03/2022 17:34

@CremeEggThief

You really need proper legal advice for something this important, OP. You can't rely on hearsay or "the norm."
If OP is disputing a will then yes she does. A quick chat with a solicitor will tell her that person A's will is invalid though. Was there definitely no further will though?

That doesn't mean D gets everything - only the first £250k ish - Google 'intestacy rules' - there's a defined order as to who inherits if no will.

FurbleSocks · 28/03/2022 18:04

Person A is still alive and about to marry person D. Person C knows person A made a will in their favour after divorcing person B. But before having the sensitive conversation with person A, person C wanted to understand whether the previous will would stand (no sensitive conversation necessary) or whether person A getting remarried would 'interfere' with the previous will. Hence the advice on here is that yes person C does need to broach the sensitive conversation. Thank you everyone.

OP posts:
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