Will In Scotland

[Giggsie]

My friends husband of 30 plus years had a will made in favour of his children with first wife. He has now died and never changed his will where will she stand now as to what she would be entitled to she is so worried. This is in Scotland. 

[DDIL]

Found this on the web for you.

No, an ex-spouse will not be on a will in Scotland if it was written before the divorce and was not updated: 

Automatic revocation

The Succession (Scotland) Act 2016 automatically revokes any provisions for an ex-spouse in a will. This means that the ex-spouse will not inherit anything unless they are specifically included in a new will. 

Intestacy rules

If the will is not updated, the estate will be divided according to the rules of intestacy, which may not reflect the wishes of the deceased. For example, children may inherit a larger portion of the estate. 

Claims on the estate

An ex-spouse may still be able to make a claim on the estate if they can show that they were financially maintained by the deceased. 

[Neveracrossword]

The wife in the OP is a current one, not an ex....

[Giggsie]

Thank you DDIL I have not made it clear my mistake the ex wife not in the will. As he made will in favour of the children after their divorce but never changed it when he remarried. Where does 2nd wife now stand regarding this? 

[barry1010]

Intestacy rules apply

https://www.titleresearch.com/news/intestacy-in-scotland-understanding-scottish-succession-rules

[Giggsie]

Very interesting read. 

[barry1010]

I know Scotland's intestacy rules are different to England's but can only help by posting a link.

[Giggsie]

Thank you all for replies. Tried to explain all this to her today think she now feels better about it. Think she thought his family about to turf her out.