Where Can I Get A Copy Of A Revoked Will?

Busby15 | 18:33 Mon 18th Nov 2013 | Civil

6 Answers

Will it be possible for to see a copy of my late brother's Will which was revoked due to him not redoing it after marriage? Do I have a legal right to see it as he had made me his Executor ?

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factor-fiction

Do you know where it is? I would have thought it could 9should) have been shredded to avoid confusion later. Was the replacement will a valid will?

Busby15

Question Author

He didn't make another Will , so there was only one. Would they shred it?

Peter Pedant

Since it is known to be a non starter as a result of remarriage I dont think you can demand to see it. and its irrelevant even if he DOES say all to the dogs home.....

I imagine the new wife is claiming her share as indeed she is entitled to do.

FredPuli43

Since it was revoked by operation of law, by his marriage, and that is a accepted, there is no point in your seeing it even if it still exists and can be found. It would be worth the effort in a case where it was being argued that somebody had been acting under duress or undue influence or did not understand what they were doing when they made a new will. Then, the fact it was being argued that the new will should not be admitted as valid, of course makes the other one important, and the terms of the two wills may also be an argument for saying that the testator patently did not mean the new will to be his final wish.

Busby15

Question Author

He died before making a new Will so his wife of less than a year inherited everything even though he wanted his nephew to inherit his shares.

FredPuli43

So he fell foul of the intestacy rules. And the nephews couldn't claim as dependants. So that is that. Lesson in that, make a will when you get married. A more cautious approach is to make a will 'in contemplation of marriage' before you get married. That will only takes effect when the marriage does; if you don't marry your existing will is still valid. But anyway make a will or the intestacy rules will apply and your estate will not necessarily pass as you would have wished.

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