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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi there, I hope you can help. My friend's husband has recently

Resolved Question:

Hi there, I hope you can help.
My friend's husband has recently passed away, leaving a will (which as far as we know is his last one) benefiting her generously. There are gifts to his children of around £10,000 each, and the rest to her.
Her husband was quite ill, and started having mental health problems from around March this year. Their relationship was very difficult, and she met someone else in April 2014
After a time in The Priory, her husband left the country in late May, but was still in sporadic contact. My friend wanted to discuss the end of their relationship.
In late August he returned to the UK, and sadly hung himself in his brother's garage.
We are concerned that his family, (really his two daughters and his second wife, my friend being his fourth wife), will contest the will. Do they have grounds?
We haven't seen or heard anything yet that suggest he wanted to change his will, but feel the family might think that as my friend had met someone else the estate should go to them.
Thanks,
Kennedy Aitchison
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
From what you have told me, there is absolutely no legal grounds for the family to contest your friend's entitlement under the Will.
The fact that your friend had met somebody else has no bearing on the Will- your friend's Will should have updated and changed his Will, if he was not happy with the contents of the existing Will.
Provided the Will was duly executed and there is no question about your friend's husband's mental capacity at the time of making the Will, his family would be wasting their time in contesting it.(Indeed, if they did contest the validity of the Will, and this was successful, his Estate would then pass in accordance with the Intestacy Rules, which would mean that your friend would be entitled to a large proportion of the Estate as the surviving spouse).
I hope this assists and answers your question.
Kind Regards
AL
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