How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
Type Your Law Question Here...
James Mather is online now

In 2009 my mother made a will leaving property to myself and

Customer Question

In 2009 my mother made a will leaving property to myself and my wife, in 2010 we separated and are now divorced recently my mother passed away without changing her will. Even though my ex wife had no contact with my mother (her choice) she is now expecting to get her half. She was described in the will as daughter in law, does she have any claim on my mothers estate
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
What is the value of the estate?
Customer: replied 4 years ago.
Expert:  James Mather replied 4 years ago.

I assume that DiL is named too.The misdescription of what she is don't invalidate the will because that is what she was at the time the will was written.

If it was your will the divorce would invalidate the part of the will leaving anything to wife.

However it doesn't invalidate your mother' will.



Customer: replied 4 years ago.
She was described as 'said daughter in law' I took this as beneficiary only because she was my wife which she isn't now, the will also stated that half the property went to her, however 4 months ago the said property had to be sold to cover care home fees, so assuming lay as there's no property surely there's no inheritance on her part, the bank account was to be decided amongst surviving children
Expert:  James Mather replied 4 years ago.

It is the name which is important, not what she is. It could say "my friend" and she still gets the dosh even though they may have fallen out.


If it is half a property with an address or says "house that I live in at date of my death" and that address/house is sold before mum died, she gets 0. She doesn't get a cash equivalent or proportion.

Does that answer
the question and make sense?

Can I assist any
further with this? Please bear with me today because I will be online and
off-line clients.

Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.