Susan had two grown-up children from her first marriage when she married David. They made mirror wills: everything to each other, then split between "all our children" on the second death.
What happened
Susan died at 64. Everything, including her half of the house in Durham, passed to David. He meant to honour their plan. Three years later, he married again.
His marriage cancelled his will. He never made a new one. When he died, the intestacy rules applied: his new wife received his personal belongings, the first £322,000 and half of the rest, and his own son received the other half. Susan's children were his stepchildren, and stepchildren get nothing under the intestacy rules.
Everything Susan had built, including the home she'd owned before she met David, went to people she'd never met.
What would have helped
- Owning the house as tenants in common.
- A life interest trust in Susan's will, letting David stay in the home for life, with her share then passing to her children.
- Advice when David remarried.
Second marriage or step-family? Read our guide to wills for blended families, or talk to a specialist.
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