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Legal matters

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My mum's 2nd husband has died, but he never updated will

85 replies

SweetFemaleAttitude · 18/10/2023 21:12

My mum is 76 and met her husband when she was 62. They were married for 9 years.

They had an amazing life in their older years and made each other very happy.

He had cancer on and off for a while, but his death was sudden and not expected.

He had applied for documentation to do a new will, but got took into hospital with sepsis and sadly died after a short time, without changing his will.

His wishes though were that his home, which my mum moved in to, went to his only child, on the proviso my mum could stay there as long as she wanted, whilst my mum had any other money in his bank account. They did have a joint account, but he also had his own account.

His child is the executor of his will that he made after his first wife died and sadly never got round to updating.

His daughter has already started talking about how she wants to redecorate the house (even though she resides in another country in Europe), will be travelling over to engage a solicitor and basically intimated my mum will be getting nothing.

I don't think my mum would contest the will or anything like that, as she just wants a peaceful life and has already started making arrangements to move closer to her children, but I feel like her poor husband would be turning in his grave seeing how she is being treated and that his wishes are not being followed. She cannot afford to buy and will need to rent somewhere now for the rest of her years.

Would it be worth us encouraging her to get a solicitor or with the daughter named as sole beneficiary and no updated will, would it be a waste of time?

Sorry that was long and thank you in advance to anyone who responds.

OP posts:
itsalongwaybackfromsorry · 18/10/2023 21:51

You need to let the daughter know asap OP that the will is likely not valid due to her father's subsequent marriage.

I suspect she isn't going to take the news well, so please get legal advice quickly.

BeetleDeuce · 18/10/2023 21:54

I don’t see what the bank has to do with anything? His daughter can no more rock up and start claiming the house than I can!

please take your mum to a solicitor and get the solicitor to write to his daughter explaining the situation.

Melroses · 18/10/2023 21:57

She needs to let the daughter know, but she also needs to get her own legal advice. This is not to sue or anything but so that she is sure about how to proceed.

This is civil law so there is no point in sitting back and hoping the right thing will happen. She has to be pro-active and make it happen.

It will save a lot of messing about and expense, because it is hard to go back once someone has gone in the wrong direction and started liquidating assets.

Farahilda · 18/10/2023 21:57

If the DD is not British resident, and perhaps not British at all, she perhaps won't know that marriage invalidates a Will in England/Wales/NI. She needs to be told that before she travels

OP: can you confirm which of the home nations you are in?

TheSpottedZebra · 18/10/2023 22:00

Just to confirm -did the husband live and die in England?

If not, where?

caringcarer · 18/10/2023 22:53

Tontostitis · 18/10/2023 21:15

If they were married his last will if mafe before marriage is no longer valid. Marriage invalidates wills I suggest you get some legal advice.

This is definitely correct. A marriage invalidates an old will.

MaggieFS · 18/10/2023 22:56

What country is your mum in?

GrannyAchingsShepherdsHut · 18/10/2023 23:03

I think she should probably go to the bank with her marriage certificate to show them that it postdates the will and get that on their records.

Otherwise they may release it all to the daughter if she produces a will saying she's the executor.

She needs to speak to a solicitor asap, just to stop anything happening that can't be undone for a minute.

Copasetic · 18/10/2023 23:06

I think you need a solicitor.

SweetFemaleAttitude · 18/10/2023 23:07

Mum and her husband are British and live in the UK.

Daughter travelled when younger and married and lives abroad and has done for years.

Just want to say thanks to everyone who responded. We are going to get an appointment at the solicitors tomorrow for some sound legal advice.

OP posts:
Farahilda · 18/10/2023 23:10

Mum and her husband are British and live in the UK

Can you be more specific? Scotland, or E/W/NI?

determinedtomakethiswork · 18/10/2023 23:10

When was the will written, before he married your mum or afterwards?

Whataretheodds · 18/10/2023 23:15

SweetFemaleAttitude · 18/10/2023 23:07

Mum and her husband are British and live in the UK.

Daughter travelled when younger and married and lives abroad and has done for years.

Just want to say thanks to everyone who responded. We are going to get an appointment at the solicitors tomorrow for some sound legal advice.

Different rules in Scotland v England and Wales. UK not universal rules.

In which country (specifically) did your mum's husband die?

CharlotteBog · 18/10/2023 23:53

Were his new wishes written anywhere?
My Mum was in the process of changing her Will, but never actually got it changed officially before she died.
We were able to apply for a Deed of Variation - but this does require beneficiaries who would be worse off to agree to the changes.

Do you really think his daughter won't agree to let your Mum stay in their home knowing that's what her Dad wanted?

whatausername · 18/10/2023 23:53

@SweetFemaleAttitude your mum might not be bothered about assets or money but remember that if she were to require care then assets/money can give her options. Relying on care provided by the council can be very hit or miss and would give her the bare bones with no say as to who comes into her home to provide care or where she would go if she needed residential care. Help your mum to protect herself. It sounds like her late DH wanted to ensure she was safe and comfortable.

PyongyangKipperbang · 19/10/2023 00:08

https://www.buckles-law.co.uk/blog/will-disputes/does-a-new-marriage-render-a-will-invalid/

First google hit. Glad that you are getting legal advice.

MumblesParty · 19/10/2023 00:13

I made a will recently, leaving everything to my children. I’m a single parent, never married, kids don’t have a legal father. I have a partner but I don’t live with him. The solicitor made a point of telling me that if I married my partner then my will would be completely invalidated. Literally meaningless.

MadeForThis · 19/10/2023 00:24

Could a solicitor write to the daughter and explain the will is invalid?

KissyMissy · 19/10/2023 00:30

MadeForThis · 19/10/2023 00:24

Could a solicitor write to the daughter and explain the will is invalid?

This is a good idea

PyongyangKipperbang · 19/10/2023 00:33

KissyMissy · 19/10/2023 00:30

This is a good idea

Agree.

RogueFemale · 19/10/2023 00:39

Seriously, consult a solicitor, not ask on a forum.

user1492757084 · 19/10/2023 00:48

I would seek legal advice and also try to encourage as little legal friction as possible with the daughter. Include her in your information gathering and even book her into an appointment with the person whowas to redo the Will.
You don't want to pay extreme costs for a legal dispute and fall out with the daughter as well if it can all be resolved respectfully.

AdaColeman · 19/10/2023 00:59

Contact the bank immediately after you have had the situation clarified by a solicitor. The bank should not be dealing with the daughter, they may already have cleared funds to her from your stepfather's accounts.
Any funds in joint accounts automatically belong to your Mother.

Well done on taking rapid action to protect your Mother's property.

bobcat2424 · 19/10/2023 01:32

It's a difficult situation so I do sympathise but at 62, what had your mum planned for her old age? Had she not got married then?
From the daughter's point of view.. if this was you, how would you feel?
Let's hope your Mum doesn't remarry or I guess the same could happen again.

TumblingTower · 19/10/2023 07:11

MadeForThis · 19/10/2023 00:24

Could a solicitor write to the daughter and explain the will is invalid?

They’ll need to let her know they’ll be taking an injunction and any further access she makes to her late fathers funds would be fraudulent.

OP I’m so glad you’re getting legal advice - solicitor here - your post made me so nervous!

Best of luck to your Mum. The rules of intestacy are quite fair. When I trained the entire estate would have gone to your Mum and nothing to his kids.

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