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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
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Experience:  Moderator
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My wife both have 2 children each from previous marriages.

Customer Question

My wife both have 2 children each from previous marriages.
My wife and I have made separate wills saying the same thing leaving everything to me in the event of my death and vica versa, and we both have included our 4 children as joint beneficiaries after death whosoever dies first. As I am the husband and older than my wife after my death can she remake her will and then cut out my 2 children from the original will?
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Are they Mirror Wills?
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Clearly you have "Mirror" Wills in so far as one mirrors the other.
However unless they are expressed to be also "Mutual Wills" then yes the survivor can simply change their Will in any way that they wish after their spouse has died.
Whilst one way to deal with this risk is by the use of Mutual Wills this can be unwise due to the restrictions that that places on the Survivor whose personal position may change over the years
It is better to draft the Wills in such a way that part of the Estate passes to the children but with the surviving spouse having a life Interest in it.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

Yes they are Law Denning.

Expert:  Clare replied 3 years ago.
Hi
Would you prefer that I opt out?
Claire
Customer: replied 3 years ago.

Sorry do not understand Claire


 

Expert:  Clare replied 3 years ago.

Hi TI have answered your question _ but am not sure if you would prefer my colleague to do so instead? If so that is absolutely fine - I shall opt out happily! Claire

Expert:  Stuart J replied 3 years ago.





As my colleague has
ably answered your question, it would probably be a good idea to
simply continue with her. She is quite correct in what she says and I cannot
add anything.

Kind regards



Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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