last will and testament

[stevie24]

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?

[Barmaid]

The will will count as it is drawn. As the divorce was not finalised, s18A Wills Act 1837 (which treats the spouse as having predeceased after divorce) will not apply.

The will will stand and there is no account taken of the personal circumstances of the deceased.

[stevie24]

therefore the spouse will get nothing and the person having wrote the will should get their wish? Can the spouse still contest this?

[Barmaid]

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.

[stevie24]

Excellent, thank you very much for your valuable information and shedding some light on this particularly complex scenario