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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband has died.His will was made before we were married

Customer Question

My husband has died.His will was made before we were married and names his ex wife as executor and his ex father in law as reserve executor.

I know the ex wife loses her rights due to the divorce but is the original reserve executor now entitled to administer his estate or is the complete will revoked and I become the sole beneficiary and sole executor?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

I confirm that your Husband's Will automatically became revoked (ie became invalid) on your marriage.

Therefore, his Estate is administrated as if he had never made a Will, and you are entitled to be his Administrator and his Estate is distributed in accordance with the Rules of Intestacy (where someone has dies without making a Will).

I am not sure if your Husband left any children, as this would affect who is entitled to what from his Estate but I set out a link showing who inherits on an Intestacy.

‎www.hmrc.gov.uk/cto/customerguide/page14-1.htm‎

I hope this has assisted.

Kind Regards
AL