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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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if someone leaves a will dated 1976 in favour of the widow

Customer Question

if someone leaves a will dated 1976 in favour of the widow then another one in 1986 in favour of wife and children but writes cancelled on the front page which one will be used? The cancel is neither signed or dated or witnessed. Does being separated make any difference?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

This is a difficult situation. If it went to court the court would have to try and work out, by hearing evidence, what the deceased's intentions were. I don't know the background but based on experience the likely outcome could be that neither will is upheld and the estate goes to intestacy.

In other words, the intention was to revoke the first will and then there was intention to revoke the second but not necessarily the intention to reinstate the first, especially if there has been a separation.. If that was the case, the estate would fall to intestacy and be wound up in accordance with the rules of intestacy.

Happy to discuss further.

I hope this helps.

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Customer: replied 3 years ago.


there is also a house that my in-laws left to hubby and his brother that is supposed to be in life rent for either/both. My b-in-l is in a panic that I'm entitled to half his home if his brother died intestate. I'm assuming not?

Expert:  JGM replied 3 years ago.
What were the precise terms of the in law's will as regards the house. Who got the liferent? Who was the house left to thereafter. Are you the wife or ex wife?

-Could you explain your situation in more detail?