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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Hello my father has very recently passed and soon I will be

Customer Question

Hello my father has very recently passed and soon I will be doing the funeral servide. Knowing my Dad im sure he would of made a will, He at the age of 73 did fall in love with a yougner chinese lady and they married and went to china he return in january but his wife has made no mention of a will she has just given plenty of evidence of doctor reports saying he was dying and has a video of his dying words. her sister is a lawyer and I do find it strange that no will is mentioned ?
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you need to realise that there is no central register of wills in the UK. Accordingly, unless a will can be found in a dead person's personal papers or be traced by a family member, then a person will be treated as if they died intestate, that is, without making a will. In this situation, because your Dad remarried a younger Chinese woman, this has the effect in English law of revoking all previous wills which existed as of the date of marriage. Accordingly, unless your father has made a fresh will since the date of his marriage, it will not be valid in law. So, unless your father has been in the UK since the date of his marriage and made a will then, it will be in China that you will find any valid will that he has made.

Buachaill :

2. In this regard, your father's Chinese wife has the whip hand, for she will have had access to all your father's personal effects and possessions since he has lived there. However, I would advise you to speak to any solicitor in the UK who may have acted for your father in the past and see if a will was prepared on behalf of your father since the date of his marriage. Because, there is no register of wills, it is necessary to conduct a search for a will after the date of death if your father has not previously given you a copy of his will.

Buachaill :

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JACUSTOMER-5zmj0wsi- :

Funnily enough his cousin just emailed me that he had a few months ago emailed her he and aiping his wife had made wills with a online compnay and he was making arrangements for his funeral. So I have emailed his wife directly putting this to her

Buachaill :

3. If this is the case, then there will be an online computer record of him making a will. Questions then have to be asked as to what happened to this will of his. However, be aware that you will have to produce the will for it to be valid. But an online copy is evidence that a will existed. However, it will then have to be shown that it was not destroyed.

Buachaill :

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JACUSTOMER-5zmj0wsi- :

hi, yes nearly done, i ask his wife she said no will but if you find then we all know his wishes, his cousin gave me her email where in he said exarperatidly he completed it and i have the website so i have given them my dads detail and asked if they would search is there anything else to do thanks

Buachaill :

4. Good luck with the search. This will be evidence of a will and should assist in a will being traced.

Buachaill :

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