Any solicitor or anyone know regarding whether a will needs updating?

[galliton]

Hi, could anyone advise please if a will MUST be updated on the death of a spouse if the deceased spouse was not included in the will as a beneficiary/executor etc.? I thought that a will only became invalid on remarriage but I wanted to just check if death of a spouse made any difference.

Many thanks!

Read the will, mine is written that it goes to my wife if she survives more than 30 days after me, if not it goes to my kids. - the 30 days is incase we both die after say a car crash and one dies a few days earlier. The point being is that there is a logic to who is second in line and it is still clear what would happen if she had predeceased me. If it makes sense then you can leave it.

Not a lawyer but currently dealing with probate for deceased parents. Father died first, mother died a year later without updating will, absolutely not a problem. I didn't update my will for over a decade after DH died; again, not a problem.

I can only see that it could be a problem if the will did not make provision for who would inherit if the first named person was already dead, but usually this is written into a will anyway (eg my parents' wills left everything to each other first, with the provision that if the other died first, it would go to other named family members).

As I understand the OP the will did not benefit the deceased spouse. As long as it it reflects the Testator's wishes then I don't think there's and issue. If the deceased spouse were a beneficiary then, if the will did not anticipate their death and make alternative provision, there would be a partial intestacy.

I am not a lawyer, but I can't see why it should. Just to clarify, are you saying the will goes something like this, shorn of all legal language?

Last will and testament of A
I appoint B as my executor
I leave my entire estate to C and D in equal shares
Signed A
Witnessed by E and F

A's spouse who has just died is not B, C or D.

Thank you. Spouse was not mentioned in the will in any capacity as he had a terminal illness. He subsequently died. The beneficiary of the will is solely one child. The will was written over twenty years ago. Is there any requirement of a new one if the old one was a long time ago in circumstances where nothing has changed other than the above and no remarriage?

No, that sounds like it would still be perfectly valid and functional. Does it name executors and are they still alive?

Thank you GaspOde. Yes, that is exactly how it is. The spouse was not included as he had advanced dementia at the time and not long to live. If the worst had suddenly happened then the adult child would have cared for him for his remaining time so there was no risk of his needs not being met, but he died.

The will has a provision for what will happen if said adult child beneficiary dies that it goes to a different family member.

The will was done through a solicitor and they witnessed it.

The adult child beneficiary is also the sole executor.

I know that remarriage can invalidate a will but I wanted to just be sure that spousal death in these circumstances did not also invalidate.

Is a will written decades ago also still valid provided there was no need to update it?

Many, many thanks for your help.

Wills do not have expiry dates. They only become invalid on marriage.