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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
please accept my sympathies for the loss of your daughter
may I ask if you have found the original 1995 will or whether this is just a copy? Is it witnessed by two independent witnesses and signed by your daughter?
We haven't found an original copy within my daughter's premises, but have a copy and verified that a signed copy exists with Barclay's Will Services
Which is signed and witnessed
thank you. If you only have a copy, there is a rebuttable presumption that the original has been destroyed however from what you say, you know of the originals location and so this is unlikely to be relevant.
the effect of a divorce on a will is such as to treat the spouse named in the will as having died before the testator. all of the provisions remain as they were however. Accordingly, if the will is as you say, the position should be that her ex spouse will not receive anything under the will however the stepchildren's gift or gifts mentioned in the will will still take effect.
ideally, your daughter would have made a new will after her divorce and to this end, you may consider contacting any divorce lawyer she retained to ascertain whether advice was provided in this respect and to that end if they know of any new will having been made
Is there anything above I can clarify for you any further?
No - thank you for your advice. We will continue our hunt for a more up to date Will.
If I can assist any further as the situation develops please do no hesitate to let me know. Good luck with your search
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