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When someone marries, any previous wills are extinguished. I am unaware of any possibility of a codicil permitting such a will to remain valid, as it just opens the floodgates for the legal profession to make money from the guaranteed dispute in-the-making.
I'm unsure of what happens in E&W, but in Scotland, without any will dated after the wedding, normal intestacy rules would apply with the wife being the primary beneficiary.
There is plenty of evidence that he was coersed and is still easily lead. My Stepfather is physically and mentally weak at the moment, as he was when he married. I think his daughters just want some way of challenging after his death, if she claims his estate after just a few months with him.
The house that my Stepfather lives in is half owned by him and half by my Mothers Trust. My Stepfathers new wife is having a conservatory built, without the permission of the Trust. Is this legal?
Any help appreciated.
Vint
Vint,
Think of it : she has spent money that (hopefully) will increase the value of the property, if not - increase its saleability. Part of this increase belongs to the Trust. Make sure that there is a charge against the property registered on the Title at HMRC Land Registry - keep the service address valid and up to date on this Title.
f she has the permission of her husband, thet's perfectly OK. As for whether anything is 'legal' we're not mndreaders, you'll need to view the Trust Deed to read its specfics, and the Trustee is best placed to deal with your request. Don;t forget, she'll probably have shared rights to the property anyway as a result of the marriage, but ths will come from your SF's orgnal holdng, so f t was 50%, they'll now have 25% each.
As John mentons above, you can pay the Land Regstry to dsclose the detals of the ownershp, but there's no guarantee ths wll be up-to-date and may only show the orgnal dspostion f it has not been formally changed.
f she has the permission of her husband, thet's perfectly OK. As for whether anything is 'legal' we're not mndreaders, you'll need to view the Trust Deed to read its specfics, and the Trustee is best placed to deal with your request. Don;t forget, she'll probably have shared rights to the property anyway as a result of the marriage, but ths will come from your SF's orgnal holdng, so f t was 50%, they'll now have 25% each.
As John mentons above, you can pay the Land Regstry to dsclose the detals of the ownershp, but there's no guarantee ths wll be up-to-date and may only show the orgnal dspostion f it has not been formally changed.
I am unaware of any possibility of a codicil permitting such a will to remain valid.
A will, other than a will revoked by destruction with the intention of revoking it, can be revived by a codicil. See section 22 of the wills Act 1837:
No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof or by a codicil executed in manner herein-before required and showing an intention to revive the same; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown.
I am sure you will find in any book of will precedents a precedent for a codicil which provides for the revival of a will revoked by marriage.
A properly drafted and executed codicil will have the same effect as if the revoked will had been written out in full and signed again.
The only possible problem here is the wife arguing that he executed the codicil whilst of unsound mind, but of course the same argument could be applied to a new will. You cannot get away from the fact that the marriage revoked the will.
Quite apart from the will, the wife can apply under the family inheritance provisions.
According to my tame ltigator, any wll dated pre a marriage is irretrevably voided, as n hs words 'all bets are off; due to the complete change of status of the subject of the wll. You menton precedents, great - lets find the excepton that proves the rule, so how will ths help? That someone, somewhere at sometme managed to get a contrary decision by a court? All this means is each case will be taken on its merts, and f you have the money to fght it, you may - just - be in a position to challenge, with no guarantee of success.
I'll stand by Message # 2 as beng the most realstic interpretaton - especially as in the absence of any nformation on the Trust Deed, as wthout this further debate remans pontless.
I'm not sure how this can be relevant to the OP, as the CoP is simply a revised version of the old 'power of attourney'. They have to relevance to wills or probate already entered into, as in the case of Wills, the subject will already have attested to being of sound mind, and this has already been agreed to in order to formalise the will and register it.
According to my tame ltigator, any wll dated pre a marriage is irretrevably voided, as n hs words 'all bets are off; due to the complete change of status of the subject of the wll.
To say that any will that predates a marriage is revoked by the marriage is not right since it is possible to make a will in contemplation of marriage with a named person. See section 18 (3) of the Administration of Justice Act 1982:
Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person.
If no such intention is expressed then the will is revoked. If revoked, but not destroyed, it can be revived as set out in section 22 of the wills Act 1837, as to which see above. I cannot see there is any doubt about the effect of that section.
To say that any will that predates a marriage is revoked by the marriage is not right since it is possible to make a will in contemplation of marriage with a named person. See section 18 (3) of the Administration of Justice Act 1982:
Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person.
If no such intention is expressed then the will is revoked. If revoked, but not destroyed, it can be revived as set out in section 22 of the wills Act 1837, as to which see above. I cannot see there is any doubt about the effect of that section.
(The above applies to England and Wales)
Thanks for your further response Aequitas. Very illuminating.
I have read throu the sections of both acts. It appearts that my Stepsisters should bo OK, so long as the Codicil was properly executed.
Lost inheritance ?
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