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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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my husband signed his will,his best friend was next to him

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my husband signed his will,his best friend was next to him when he signed it,however the best friend bought it back to the uk. As he was named as trustee in the will he assumed as did we all, that he could not be the witness too.
The witness then signed,having been asked by telephone by my husband to sign it.He died 5 days later.
We were together 13 yrs but of course when you are talking about a large estate,the daughter from his first marriage has now decided to contest the will.This is because the will does not state In Contemplation of Marriage.We got married 5 days after the will.
i dont understand why still fight will? Is it worth me trying to fight the in contemplation of marriage as i have plenty of supportive evidence.
i would rather throw in the towel and move on to the next stage as i have 3 young children and just want to be free
kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
The will is not valid for at least a couple of reasons but I have not seen it so there may be more.
Firstly, it was not done in contemplation of marriage.
Secondly may not be validly witnessed as both the witnesses were not present when it was signed, although you do only mention one of them.
So what happens is as the will is invalid, and then your husband's estate is dealt with under the rules of intestacy whereby you get the 1st £250,000 and a life interest in half the remainder. His children get the balance of the remainder now and your half of the remainder when you eventually die.
I cannot see why she is contesting the will apart from to make it invalid and if she does make it invalid, she will not get a huge payout anyway unless the estate is worth more than £250,000.
Here are the rules of intestacy
Any house which is in joint names held as joint tenants with you would pass to you automatically outside the above.
Can I clarify anything for you?
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