Generally speaking, the process of having a Will and the steps of probate when someone dies are relatively straightforward. However, there have been some recent cases highlighting instances when these matters relating to Wills and marriage can become more complex and when the involvement of the law courts has become necessary.
One such case involved a lady called Margaret Dinsdale who, in 2017, married her husband, John Dinsdale. The wedding took place in Las Vegas and Margaret made her vows to John in good faith. John, however, was still legally married. He had married another woman called Victoria Fowell in 2012, again in Las Vegas. He had not, however, divorced Victoria before he married Margaret.
John died in 2020 without having made a Will, so he died intestate. In normal circumstances, Victoria, his first wife, would be the inheritor as she was still officially married to John. Margaret would also usually be disinherited as her wedding had been illegal.
When this case went to court, however, the judge determined that Margaret was entitled to some of John’s estate. This was granted under the rules of the Inheritance (Provision for Family and Dependants) Act 1975. Legal experts have also started using this case as an example of why everyone should make or review their Will when their relationships change, and may be cited by Wills solicitors in North Wales when any similar case arises.
Here at Bennett Smith Solicitors, we can help you make your Will and undertake appropriate estate planning, so contact us now to book an appointment.
