How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Family Law Question Here...
Joshua is online now

our son is named in our will but has recently died ,is his

Resolved Question:

our son is named in our will but has recently died ,is his wife entitled to his inheritance. The will was set up before he married and his wife is not mentioned in it.
Submitted: 4 years ago.
Category: Family Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

I am very sorry to hear of your sons passing.

Josh-2010 :

You mention "our will". Does this mean you and your spouse or partner please?

Customer:

our will is mine and my wifes.We have been married 39 years and our son was 35.

Josh-2010 :

Thank you. If you wish you may make a change to your wills at any point which alters your beneficiaries. You are free to leave your estate to whom you wish and your son's wife does not have an inherent claim against your estate.

Josh-2010 :

If your son had any children you may for example choose to leave some or all of your son's share to your grandchild(ren). If they are under 18 you may elect to leave the money in trust for them until the reach 18 or older.

Josh-2010 :

Is there anything above I can clarify for you?

Customer:

Our other son is named as well ,so does this mean we can leave our will untouched and therefore he will become sole beneficiary? The will was drawn up as a straightforward one just leaving our legacy to both our boys. Thanks

Josh-2010 :

Whether or not you should make a new will would depend on the exact wording of the gift.

Josh-2010 :

Do you have the exact wording to hand? Also did your son have any children?

Joshua and other Family Law Specialists are ready to help you