Validity of will when spouse predeceases

[kriskwery]

Is a will invalid if a person's spouse, the major beneficiary, dies first? Can earlier wills ever be taken into account or are they always nulled by later wills regardless of the death of all/some of the beneficiaries? Would the person be deemed to be intestate if they had been widowed will the spouse as the only inheritor and a new will not made?

[dzug2]

The will is still valid but if the spouse was the only beneficiary and nothing else was said in the will then yes, the deceased is effectively intestate. The appointment of executor would still stand - assuming they are still alive.

If there were other beneficiaries they would get their bequests - anything left over would follow the intestacy rules.

Older wills are not relevant - they were supeceded.

[Buenchico]

>>>anything left over would follow the intestacy rules

That assumes, of course, that the will didn't actually specify what should happen in the event of a beneficiary pre-deceasing the testator. (Any will which doesn't should be regarded as extremely badly drafted!)

>>>Older wills are not relevant - they were supeceded

That assumes that the last will incorporated a revocation clause. Any properly drafted will should do so; if not, earlier wills are NOT automatically invalidated.

Chris

[tonywiltshire]

Many wills do not take into account the position if the beneficiary has predeceased the testator/testatrix which is another good reason to have your will drafted by a professional who does not insist on becoming an executor/executrix. As I have been saying for some time and am not always thanked for saying that the legal profession earn a great deal of money over DIY wills.