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Getting Married? Make a new will

“I have recently assisted a lady (Mrs D) whose mother made a will as a widow in 2008. The mother left her whole estate to her daughter, as her two sons had not spoken to her for over 20 years. In 2012, the mother re-married but in 2014 her new husband died. In 2016 the mother died.

As a result of the act of marriage in 2012, the original 2008 will was automatically revoked and Mrs D’s mother had not made a new will in contemplation of her marriage or after the date of her new marriage.

Accordingly, Mrs D’s mother died intestate. The law relating to intestacy dictated that the estate be divided equally between her three children notwithstanding that it was her clear intention to leave the estate solely to her daughter as per her will which was revoked.

The moral of this story is very clear: if you are getting married, re-married or entering into a civil partnership, make sure a new will is made to ensure that your wishes are met.”

Paul Solomons – Partner of the firm and head of the private client department

intestate – a person who dies without leaving a valid will is known as intestate and the law states that their property (the estate) must be shared out according to the intestacy rules.

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