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A Will only comes into opearion at the date of the party's death. Therefore, if the parties were not married on the date on which the person who made the Will died, the clause is invalid and his share does NOT pass to his ex wife.
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Thanks for that.The will says 'shall pass to such deceased childs spouse absolutely'.Does the word 'absolutely' make a difference i.e.'whatever happens re re-marriage?
Equally whilst she had not remarried she would have inherited as the surviving spouse so it is just re-marrying that disqualifies?
Thanks a lot,
is referring to any spouse the deceased may have had at the time of death-therefore, as they were no longer married on the date the person who made the Will died, the deceased beneficiary did not legally have a spouse so the legacy fails.