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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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The will says that there will be four equal inheritances to

Customer Question

The will says that there will be four equal inheritances to the four children,but if any die beforehand the inheritance passes to the children of that person who died,but if no children then to the spouse of that person who died.
If the spouse of that person who died remarries well before the will does she still inherit although shis now married to another.
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.

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.

I hope this assists and answers your question.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

did you get my rply?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

I haven't received any reply from you, other than "did you get my reply".

Please therefore let me know if you require any further assistance.

Many thanks

Al

Customer: replied 2 years ago.

Hi Al,

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,

dan

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks.

The clause

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.

Kind Regards

Al

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