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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My deceased wife's will - is it still valid if I remarry?

Resolved Question:

My deceased wife's will - is it still valid if I remarry?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please may I ask:
- when did your wife pass away?
- what did her will say?
Kind Regards
Caroline
Customer: replied 1 year ago.
Wife passed away in 2007 her will was written in1993 whilst we were partners and not married, we married in 2006.
Her will states: Whilst alive I can live in the house but on my death her daughter (my stepdaughter) the property reverts to her. Since her will was written in 1993 does it still stand?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for clarifying that for me.
The later marriage automatically revokes the early will.
Please may I ask:
- did your wife make a new will?
- in whose name was the house?
- what was the value of the whole of your wife's estate?
Kind Regards
Caroline
Customer: replied 1 year ago.
No new will was written by my wife. In 1993 the property was in deceased wife's maiden name but after marriage it was in both names. Which it still is. Insufficient funds meant it didn't go to probate
Customer: replied 1 year ago.
If I decide to get married again, will my future wife be secure if I pass on first?
Customer: replied 1 year ago.
Further to information I gave you, my stepdaughter was also noted as a trustee with me in the will?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Please can you tell me - when the property was transferred into both your names - was this as tenants in common or as joint tenants ? Was there any deed of trust ?
Customer: replied 1 year ago.
My deceased wife's will is as follows:
I appoint my partner William Max Wason and my daughter to be joint executors and trustees of this my will. I give all my property whatsoever etc settlement of debt, funeral cost taxes to my trustees upon trust for my partner W M Wason during his life time and after his death to my daughter Julia ***** *****dcock absolutely. On the property title it states June Wason and William Max Wason. The property was transferred into both names in December 2006. It doesn't state tenants in common or as joint tenants.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The will is automatic revoked by your later remarriage. Your wife would have been considered as passing away intestate - that means passing away without a will.
It's really important to find out if your joint tenants or tenants in common. Basically if you were joint tenants then the whole property would have passed to you under the right of survivorship - which means it is completely yours to deal with as you wish.
If you are tenants in common then a percentage is automatically yours.
Do you have any papers from the time the property was transferred?
Otherwise if the property is registered then you can download a copy of the register here for £3. Let me know when you have it and I will talk you through it
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/
Ps - I'm just out so I will be delayed in responding to you.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you, ***** ***** get back to you tomorrow (Saturday)? I need to check this out about tenants in common or joint tenants.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Of course - I'll be about tomorrow.
Just let me know when you have the land registry document and I will talk you through it.
Kindest Regards
Caroline
Customer: replied 1 year ago.
I have the land registry document, registered owners my late wife and I. Lender prudential lifetime mortgages in January 2007.
My wife and I took equity release to pay for treatment for my wife. I wish to pay back the equity but am fearful because of my late wife's Will dated 1993. Would it be preferable if I call you?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I am glad to hear that you have managed to get the Land Registry document.
Under the heading that says Title Absolute - it should say your names.
Does it say anything underneath your names?
Perhaps something that look like this:
No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes that wording is under b) title absolute (1) proprietor both names Wason June & William Max Wason of property address.
(2) restriction: is as you quoted. (3) no disposition of the estate by the proprietor of the registered estate is to be registered without signed consent in favour of Prudential Life time mortgages. Under C: Charges register, this register contains any charges and other matters that affect the land. (1) 23.02.2007 registered charge dated 30.01.2007. (2) Proprietor Prudential life Time Mortgages Ltd., etc. Then is says End Of Register.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Is the only restriction the one you have detailed above about Prudential Life mortgage - there are no others?
Kind Regards
Caroline
Customer: replied 1 year ago.
As far as I can see No.
Please note we have heard from Prudential Life Time Mortgagees which states that the title is set up as Tenants Incommon on Land Registry. They, Prudential were apparently jnform by the Land Registry in March last year but I cannot find any documents to substantiate this. Kind regards
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
It appears from the Land Registry documents that you are Joint Tenants.
To be 100% sure - I would suggest that you get hold of the firm that assisted you when you transferred the property into Joint names - so that this can be confirmed with their files.
As a Joint Tenant - the property automatically passed to you when your wife passed away. This is known as the right of survivorship. It does not matter what her previous will said - as this was revoked by your marriage. Even if there was a will - this would not include the property - as a a Joint Tenant her share passes to you in any event.
This means you are free to deal with the property as you wish.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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