VIC Is the original will now void?

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kaygee

Member
16 September 2022
1
0
1
My Uncle just passed away.
He had a will with his first wife and all of the assets were to go to his 5 children should anything happen to both of them. His first wife passed away 12 years ago. He sold his previous property and bought a new place before he got remarried 5 years ago but has been with his 2nd wife for 7 years.
Four of his children have had no contact with him at all for the time he has been remarried, and became abusive -even physically - when he met and started living with this 2nd wife (then defacto).

The funeral hasn't even been held and they have turned up looking for the will and become abusive to his sister thinking that she has a copy - she doesn't.
Do they have more rights to his estate than his 2nd wife?
Is his original will now revoked as he remarried?

He didn't write a new will after he remarried (he always intended to but didn't get around to it). She is still in the house that he had the deeds to, but the children don't know where she lives as they never contacted him or visited him, but she is scared they will come to ransack the house looking for the will.

 

Meggsie

Active Member
16 October 2022
6
0
31
If it was a shared will (the first one) yes it is revoked upon marriage. If he died without a current will, things are going to get messy.
Is his 2nd wife's name on the deeds to the house or just his?
If she is living there his children have no rights to be in the house unless she invites them. If they turn up she should call the police.