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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25420
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our 53 year old daughter died very suddenly and we are sorting

Resolved Question:

Our 53 year old daughter died very suddenly and we are sorting out her affairs, We know that she intended to leave all to her 19 year old daughter but we can only find a 1995 will which also includes husband and step children as beneficiaries. She has been divorced for several years and we understand that that automatically excludes her former husband from any benefit -are step children also automatically excluded?
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Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

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.

Joshua :

please accept my sympathies for the loss of your daughter

Joshua :

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?

Customer:

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

Customer:

Which is signed and witnessed

Joshua :

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.

Joshua :

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.

Joshua :

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

Joshua :

Is there anything above I can clarify for you any further?

Customer:

No - thank you for your advice. We will continue our hunt for a more up to date Will.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know. Good luck with your search

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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