New bride from abroad and sadly Father In Law has died.

[Jooleshop]

My elderly, unwell widowed FIL met a lady on line and started a relationship. He married her about 6 months ago and she has been back to her home more than staying in the UK with her new husband.
Unfortunately my FIL passed away while his wife was away again.
Her British Citizenship has not yet been finalised and it seems they both lied on documents to say they have lived together for a year before they were married.
It seems that my FIL has taken equity out of the small bungalow to pay for many things abroad.
When my FIL needed his wife she was not there.
It now seems all she wanted was the money and not a real relationship with my FIL.

A year and a half ago my FIL discussed his will and his money would pass on to the grandchildren when he passed.
Now it seems the old will is void as he got married, so everything goes to his new wife, who is flying to the UK in a few days... Now her husband has passed.

Does anyone have a clue if we can contest the new wife? In hind sight she is not what she seemed at the time.
We don't have a lot of money and a nest egg for the boys would be wonderful!
It feels wrong that his wife left him when he was ill and he died alone...
Now she's coming to claim the house etc...

Any help greatly appreciated.

Marriage invalidating a will (unless said will was made explicitly in anticipation of marriage) is presumably a long standing legal position, to ensure that a dependent widow wouldn’t be left destitute if her husband died before making a new will.

Hi OP,
It's a long shot but this page talks about what makes a wedding legally recognised in Thailand and says that "a British citizen will need to obtain an Affirmation of Freedom To Marry a certificate from the British Consular."
and
"For the Thai marriage to be recognized in the UK it must be valid under Thai law and the marriage needs to be registered at an Amphur Office."

https://thaivisa-express.com/is-a-thai-marriage-recognised-in-the-uk/

@Winter2020 has good advice. You need to try and establish if the Thai marriage has UK legality. Might take some digging to find out, and you'll need your solicitor.

Have you found the marriage certificate?
Maybe fire her a letter from your solicitor (are you acting as the executor of estate?) asking for proof of marriage?

I wouldn't empty the house, but I'd go and get any sentimental items you want before she arrives. Shes unlikely to notice and if she does just say that FIL asked you to keep them safe.
Then I'd start checking the marriage was legal in the UK.

If there is no valid will, then there is no executor.

If the marriage was not valid, then the prior will is valid and whoever is executor there should be acting (probably a solicitor or possibly one of FIL’s kids)

@tissueboxandcandles

A marriage invalidates a will. I wish more people were aware of this.

Thank you. As I said to the other posters who replied to my post yesterday, I was really shocked to hear this. It doesn't seem right.

Why don’t you think it seems right?

Marriage is a contract with benefits and obligations, in the eyes of the law. That’s why women are advised all over this board not to be SAHPs if not married etc etc.

It's not right that it happens automatically in the case of a second marriage when often people are of an older age and both halves of the couple have their own assets which they would choose to be passed on to their children. They are welcome to change their will to benefit their new partner but it is quite shocking that this change happens automatically.

But all other marriage changes happen automatically - younger, older, first marriage or tenth.

What if a second spouse didn’t qualify to get her husband’s assets tax free on death? Or a second spouse couldn’t claim a fair share of the assets in a divorce?

Marriage is a contract and people shouldn’t enter contracts without understanding them.

Besides, given FIL borrowed money on his house to help his wife, I think even if he had been advised to write a will along the way, it would be in her favour.

1. Is the marriage legal in UK? .any are not.
2. Have you had sight of the latest will?
3. Contest new will if you feel it is unfair. She may end up reaching a compromise with you.

There isn’t a new Will!!

Not true. A marriage negates any prior will. I have to redo mine after my divorce and exh redid his upon remarriage.

Yes. Marriage is a serious legally binding contract and part of that contract is the invalidation of previous wills. I do think that whoever conducts the legal ceremony of a subsequent marriage should remind people of this at the time of applying for the appointment.
This is why I think you should check very carefully that the Thai marriage is legally recognised in the UK. Use an independent UK lawyer.

If ever a thread proves mumsnet is not a place for legal advice this is it.

You raised such interesting points.
I hope she was already married in her home country as otherwise your poor kids will miss out xxx

Why? Marriage is a legal contract with binding obligations. It is on the parties entering into it to understand what they're signing up to. If you want to leave your assets to your DC but also have a partner in later life, you have several viable options, including 1) don't marry or 2) draw up a will in anticipation of marriage laying out how you want your assets to go or 3) make the said will after marriage.

It's on every adult to a) ensure they have a valid will b) understand what they are agreeing to when they get legally married.

I would try and find out how much money will be left in the house, after the equity company has taken their share, it may well be that there will be very little anyway.

"As remarrying on its own doesn't make a previous will void."

I would disagree with you. Unless the will specifically mentions that it is made in contemplation of marriage then any will made in England & Wales (I don't know about Scotland or NI) is immediately nullified when you marry.

As a result, the intestacy rules apply.

@Another2Cats
I know. Others have told me. Wish I'd never commented on this thread in the first place.

@Jooleshop I am sorry for your loss.

I am going to suggest one thing which is not about the will but in the long term maybe of comfort. There maybe items in FIL of sentimental value but negligible monetary value. I mean photos, pictures, the things that mean something to DH.

Asking the widow for these sentimental items maybe a more pragmatic approach. For example photos of your DH’s Mum and Dad on their wedding day, family photos as your DH grew up etc.

Sorry, I hadn't RTFT before I commented so I didn't realise that others had already said the same thing. I din't mean it as a pile on in any way, it was just me not having read the whole thread when I commented

The wife doesnt even whats in the house as she's hardly been over. No way would i let some dodgy wife have my dads possessions. Let them prove that you 'stole' it.