What are the legal duties of an executor?
- 14.09.2026
My father remarried a few years before he died, without updating his old will, which left everything to me and my siblings. Does the new marriage affect the old will, and what does his new wife inherit?
Marriage generally revokes an earlier will under the Wills Act 2007, unless the will was made in contemplation of that marriage and expressly states that it is not revoked by it. If your father's earlier will was revoked by his remarriage and he did not make a new will, he would be treated as having died intestate, and his estate would be distributed under the Administration Act 1969, which gives his surviving spouse a personal chattels allowance, a statutory legacy and a share of the balance, with the remainder divided among the children. If the will was made in contemplation of the marriage, it might still be valid. It is important to establish the exact date of the will and the marriage, and to check whether a later will exists, so get legal advice to clarify what actually applies.
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