Why you need a Will | Case Study

Mr & Mrs are married and have three children, own their own home and both work. They have a very basic will and Mr dies. The whole of the estate passes to Mrs and she moves on with her life, working and raising the children.

A few years pass by and she meet the new Mr and decides to move him in and eventually marries him. Marriage revokes (cancels) the previous will that Mrs wrote with the deceased spouse. She unfortunately doesn’t realise this and not long after she has married the new Mr she passes away.

What happens?

Subject to the rules of intestacy the new husband will inherit her estate, which indicates that the three children are disinherited and may receive nothing.

With a carefully constructed will in the first instance this can be avoided and the children can have their fathers’ share of the estate protected for them for the future.