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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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i have just been told my fathers will is void because he made

Customer Question

i have just been told my fathers will is void because he made it before he married for a second time dad passed away three weeks ago is there anything i can do thankyou
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

When and where did he make the will?
Customer: replied 4 years ago.

he made the will in 1986 at the solicetors, thanks for getting back to me

Expert:  Alice H replied 4 years ago.

Thanks.

 

In English Law a will is usually revoked if the testator, the person making the will, marries.

 

s.18 of the Wills Act 1837 is the relevant law.

 

However the will not be revoked if the testator makes a statement about his forthcoming marriage and says that his will should not be revoked by that marriage.

 

I'm assuming your father did not make any such statement. If that is the case then in law the will is considered revoked. In the absence of a will the law sets out how a persons personal estate should be divided.

 

This is something you should take advice on especially if there are surviving relatives. Somebody will have to apply to apply for Probate to settle his affairs.