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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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In 2009 my mother made a will leaving property to myself and

Customer Question

In 2009 my mother made a will leaving property to myself and my wife, in 2010 we separated and are now divorced recently my mother passed away without changing her will. Even though my ex wife had no contact with my mother (her choice) she is now expecting to get her half. She was described in the will as daughter in law, does she have any claim on my mothers estate
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
What is the value of the estate?
Customer: replied 3 years ago.
110k
Expert:  Stuart J replied 3 years ago.

I assume that DiL is named too.The misdescription of what she is don't invalidate the will because that is what she was at the time the will was written.

If it was your will the divorce would invalidate the part of the will leaving anything to wife.

However it doesn't invalidate your mother' will.

Sorry

 

Customer: replied 3 years ago.
She was described as 'said daughter in law' I took this as beneficiary only because she was my wife which she isn't now, the will also stated that half the property went to her, however 4 months ago the said property had to be sold to cover care home fees, so assuming lay as there's no property surely there's no inheritance on her part, the bank account was to be decided amongst surviving children
Expert:  Stuart J replied 3 years ago.

It is the name which is important, not what she is. It could say "my friend" and she still gets the dosh even though they may have fallen out.

 

If it is half a property with an address or says "house that I live in at date of my death" and that address/house is sold before mum died, she gets 0. She doesn't get a cash equivalent or proportion.





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