Quizzes & Puzzles1 min ago
last will and testament
If somebody gets married, then makes steps to get divorced and alters their will, gets to decree nisi status but not absolute, and then passes away what will count? will the spouse get everything automatically or will the last will and testament still stand, taking into consideration the impending divorce?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Well assuming the will leaves the spouse out, the spouse will not inherit under the Will.
however, the spouse will have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for "reasonable financial provision whether or not for her maintenance". So she could claim under that act . In those circumstances, the divorce is just one of the factors taken into account, but equally the court will look at what she would have received on divorce. If the marriage was a long one, it does make it a particularly persuasive claim - but her means will be taken into account too.
however, the spouse will have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for "reasonable financial provision whether or not for her maintenance". So she could claim under that act . In those circumstances, the divorce is just one of the factors taken into account, but equally the court will look at what she would have received on divorce. If the marriage was a long one, it does make it a particularly persuasive claim - but her means will be taken into account too.