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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10547
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If a man dying from cancer ,gets married and as already made

Resolved Question:

if a man dying from cancer ,gets married and as already made a will leaving everything to his son.is the will still vallied or does everything go to his new wife?
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.

Whenever a party marries, any Will they have made prior to the marriage automatcally becomes revoked (ie it becomes invalid), unless the party has made a special Will "in contemplation of their marriage" (being a Will stating in black and white that the party intends to marry but wishes this Will to remain in place even after his marriage).

On the basis that the Will was not made in contemplation of marriage, his Estate will be distributed in accordance with the strict Rules of Intestacy (ie that he did not leave a Will). As such his Estate would be divided as follows-

The Wife inherits the first £250,000 of the Estate.

If the Estate is worth more than £250,000, after the first £250,000, then whatever is left goes as follows-

  • the husband, wife or civil partner gets an absolute interest in half of the remainder
  • the other half is then divided equally between the surviving children

I hope this assists and sets out the legal position.

Kind Regards

Al

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