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Philx

Will, Divorce Mess

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About 20 years ago when our marriage was ok we wrote a fairly standard will which included our very young.daughter.About 10 years ago our marriage deteriorated. Personality wise but in my naivety I found out she was shoplifting, as a nurse she was even pilfering from patients. Because I worked long hours and the fact I had never committed a crime in my life I was oblivious to this until later. she is a US/U.K. citizen.

 

About 7 years ago she told myself and my daughter she had to move to the States for a couple of months to look after an ailing relative. About a week after her going to the US she contacted my daughter saying she had a boyfriend over there and was never coming back .

my daughter had the option of moving over with her mother but by then . Their relationship had collapsed as well and she chose to stay with me.

We did not divorce.

 

Can I annul the will without my wife’s permission ? And if I pass away make sure my daughter gets all my benefits ? 
Oh also she was arrested for theft in Texas and was tagged and put on probation. 

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Hi.

 

If you're in the UK, as far as I know you can make as many wills as you like and I've never heard of needing permission. 

 

Try ringing a local wills and probate lawyer, they should be able to reassure you on the phone. You can find one via the Law Society website. 

 

HB

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Illegitimi non carborundum

 

 

 

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You don't need to leave a valid will. Which means you can destroy your current document.

 

Divorce or marriage means your Will be invalidated - so it will need to be redone (there are some nuances here).

 

If you die without leaving a 'valid Will' your estate will be 'intestate' 

 

https://www.gov.uk/inherits-someone-dies-without-will

 

 you can rewrite your will leaving her out of it - but she will be able to contest that, meanwhile if she dies as US national there may be further complications. 

 

Meanwhile, start the divorce proceedings.

 

 

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Apologies, I missed the point about the marriage. I still think legal advice is the way to go. 

 

HB


Illegitimi non carborundum

 

 

 

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Honeybee13 sure would concur.  Meanwhile the law is clear on these issues.

 

Key for him will be do get a divorce under way and deal with the 'child issues'. The Will, will then become a secondary issue.

 

 

 

 

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Surely divorce happens and the wife is automatically entitled to half the house rather than my daughter

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We aren't divorce experts, sadly, I think legal advice would tell you this.

 

HB


Illegitimi non carborundum

 

 

 

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18 hours ago, Philx said:

Surely divorce happens and the wife is automatically entitled to half the house rather than my daughter

 

Potentially, the assets of the marriage will be spilt. 

 

There are lots of issues here and questions arising. 

 

If you want to stay married, then simply rewrite your Will, cutting her out from your estate. Make provision for her with a token gift and leave the rest to your daughter. If your daughter is still a minor on death it will be easy for your wife to contest the gift but any decision will be made by the court and not you.

 

Is the house owned in joint names? Bottom line here is, whilst you are married she will be entitled to claim - which is fair under English law, she may also be entitled on divorce. There are lots of ways this can go against you/her.

 

You will need consider your options and plan accordingly. But doing nothing is not a option, not really.

 

 

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