Question: we married after Will was made. Is it valid?
My husband died in August 2006 leaving everything to me in his Will which he made before we married. When we married he forgot to change my surname to my married name. My christian and middle names are on the will but unfortunately it is still under my maiden name. My husband’s accountant has been dealing with the solicitor but nothing seems to be getting done. The solicitors seems to be giving excuses. One of the things said was that the Will was invalid and could be revoked. Could this be the case?
Answer: NO WILL
Absolutely, he left no Will, it was cancelled when you married UNLESS it was made specifically with the marriage in mind. You will probably only inherit a proportion of his estate, I am afraid, depending on his assets, how they were owned, and whether he had children.
Letting your husbands accountant deal with the solicitor means you are paying twice for every chase. Deal with the solicitor direct unless accounting information is needed.
You may need to consider a Deed of Variation, but this can only occur if none of the legal beneficiaries who would lose out objects and none of them are under 18.
For your own peace of mind you need to get this sorted, and I am staggered at the treatment you have received so far in a simple (on the face of it) case.
Unfortunately, very few people provide the vital ongoing service for Wills offered by Will Custodian Ltd, which would probably have saved your bacon.