Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please clarify why you are not mentioned in your wife's Will?
Do you own a property and it is owned jointly with your wife?
I look forward to hearing from you.
Thanks for your reply.
Well, first and foremost, any Will made by your wife before her marriage automatically becomes revoked on her marriage to you- ie the Will becomes null and void, and if she had not made another Will by the time she died, she will be treated as having died without making a Will- this in turns means that under the Intestacy Rules, on the assumption you have children,you would be entitled to-
If she did make a new Will and did not include you in it or only left a small percentage to you, you may have grounds to make a claim against her Estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Here is a link to explain more concerning this Act-
I hope this assists you but please let me know if you require any further clarification.
It depends on the type of Trust- has a Trust document already been signed by your wife and is the Trust set up and running now, or is the Trust detailed in the Will?
I look ofrward to hearing from you.
What does the Trust say should happen to any remaining monies upon her death?
As regards ***** ***** money left over at her death, if the Trust document states this should then pass to X and Y, for example, yo uwould have no claim on it.
However, if the Trust does state that any remaining monies will just pass to your Wife's Estate (which, from what you have told me, appears to be the case) then you would have a claim on these monies, if your wife makes another Will, leaving it to a third party.
Likewise, if she does not make another Will, you stand to inherit under the Intestacy rules and the Charity would lose out.
I hope this clarifies matters.