Oh Fell. It Seems To Have Triggered...
Body & Soul1 min ago
Altering a will
I have recently had a death in the family my father was terminal with cancer he was 74 years old, a day before he died his girlfriend married him on his deathbed I didnt know this was going to happen. After the death she got the will off the executor and scribbled a few sentences out, this has been varified by the executors. I have told my solicitor the same but hes not done anything with this information, I thought a will was a legal document. Can anyone tell me if what she has done is legal and if its not what im to do about it thanks
Answers
1 to 3 of 3
Best Answer
No best answer has yet been selected by twmyo. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
Unless a will contains a specific clause stating that it is written 'in anticipation of marriage', it is automatically revoked by marriage.
If your father's will did not contain such a clause, his will was automatically revoked by his marriage. (i.e. the document his wife wrote on was just a meaningless piece of paper, since he longer had a valid will). He died intestate and the rules relating to intestacy will apply.
If your father's will contained the relevant clause relating to his forthcoming marriage, only the terms of the will which were written down when he signed the document (and his signature was properly witnessed) are valid. Anything which was added afterwards (whether by your father, other than in a properly witnessed codicil, or by anyone else, whether before or after his death) has no validity.
If you believe that your father's will was still valid (because it specifically stated that it was written 'in anticipation of marriage') and you're concerned that its provisions may not be properly carried out by the executors, you should contact the Probate Service:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/registries.htm
Chris
If your father's will did not contain such a clause, his will was automatically revoked by his marriage. (i.e. the document his wife wrote on was just a meaningless piece of paper, since he longer had a valid will). He died intestate and the rules relating to intestacy will apply.
If your father's will contained the relevant clause relating to his forthcoming marriage, only the terms of the will which were written down when he signed the document (and his signature was properly witnessed) are valid. Anything which was added afterwards (whether by your father, other than in a properly witnessed codicil, or by anyone else, whether before or after his death) has no validity.
If you believe that your father's will was still valid (because it specifically stated that it was written 'in anticipation of marriage') and you're concerned that its provisions may not be properly carried out by the executors, you should contact the Probate Service:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/registries.htm
Chris
Where are you twmyo (in terms of countries). The "deathbed" marriage sounds highly suspect to me.
Can you give a few more details - ie exactly where the marriage took place, whether a licence was obtained, whether banns had previously been called, who officiated etc.
If we assume for a minute the marriage has no legal force (I am not saying this at all) the alterations she made on the will have no effect whatsoever. Any alterations have to be made by the testator and executed and witnessed in the same way as any will.
Can you give a few more details - ie exactly where the marriage took place, whether a licence was obtained, whether banns had previously been called, who officiated etc.
If we assume for a minute the marriage has no legal force (I am not saying this at all) the alterations she made on the will have no effect whatsoever. Any alterations have to be made by the testator and executed and witnessed in the same way as any will.
1 to 3 of 3
