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Married Couple's Will

  • 14-09-2011 7:11pm
    #1
    Ebola_Gray
    Closed Accounts Posts: 13 ✭


    I was wondering:

    Say a married couple have a will, and it has the semi-standard thing, where if spouse A dies, everything goes to spouse B, or if spouse B dies, everything goes to spouse A, and if they both die (say in an accident or such) then the estate goes to whoever else they put in the will.

    Now if spouse A dies, is this will still valid for spouse B, or will spouse B have to make a new will?

    Note, I didn't say SHOULD make a new will, just wondering if spouse B HAS to make a new will, in order that he/she not be intestate.


Comments

  • #2
    _JOE_
    Registered Users, Registered Users 2 Posts: 479 ✭✭_JOE_


    Ebola_Gray wrote: »
    I was wondering:

    Say a married couple have a will, and it has the semi-standard thing, where if spouse A dies, everything goes to spouse B, or if spouse B dies, everything goes to spouse A, and if they both die (say in an accident or such) then the estate goes to whoever else they put in the will.

    Now if spouse A dies, is this will still valid for spouse B, or will spouse B have to make a new will?

    Note, I didn't say SHOULD make a new will, just wondering if spouse B HAS to make a new will, in order that he/she not be intestate.

    Why wouldn't the married couple not have separate Wills stating what I have highlighted in bold?


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Ebola_Gray wrote: »
    Now if spouse A dies, is this will still valid for spouse B, or will spouse B have to make a new will?

    Note, I didn't say SHOULD make a new will, just wondering if spouse B HAS to make a new will, in order that he/she not be intestate.

    A will is not invalidated because of the death of your spouse, it is only affected if you remarry....

    Once you get married, any will you have already made is rendered void, unless the will was made in anticipation of the marriage....

    Succession Act 1965...

    85.—(1) A will shall be revoked by the subsequent marriage of the testator, except a will made in contemplation of that marriage, whether so expressed in the will or not.


    http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0085.html#sec85


  • #4
    Ebola_Gray
    Closed Accounts Posts: 13 ✭Ebola_Gray


    _Joe_ Yeah, it probably makes the best sense to have separate wills, but in my example the couple didn't, just because.

    coylemj, thanks for the info and link. It seems pretty clear to me now.


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