Based on your advice

You feel a little shaken. The phone call had been unexpected. The call lasted a few moments but as with all bad news it felt a lot longer. The mind takes time to process the words, Samuel was dead.

Now his son Ben wants to talk about the next steps. He wants Melissa to move out of his Dad’s property so that it can be sold and the proceeds paid to him. There was an edge to his voice. You guessed the grief had taken its toll.

How did your original advice pay off?

Is it all as straight forward as it should be?

The will is revoked… you discover that the previous Wills did not protect them as Samuel and Melissa had thought. The Wills were not prepared in contemplation of marriage and so are revoked by their subsequent marriage, leaving Samuel’s £1.5 million estate to be distributed in accordance with the intestacy rules.

The result is that Melissa receives the majority of the Estate (c. £875,000) and Ben only receives the remainder (c. £625,000). Ben cannot insist upon Melissa moving out and will lose his family home. Samuel’s wishes to protect his assets for Ben have not been carried out.

Ben will need to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to try to achieve his father’s last wishes.

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