What heppens if i die and my wife is not in my old will?

Question

I remarried and didnt change old Will. Would my new wife still have rights?

The problem is that ny father in law died and my mother in law was not in his old will. this was 6 years ago

Answer 1

in Canada, when you get married, your will is automatically null and void unless the will was written in contemplation of that marriage.

the estate would be probated as if there was no will

Answer 2

Your new wife could "elect against the will" in any state or territory of the USA and claim 1/2 to 1/3 of your assets.

In a community property state, and certainly in California, she would already own 1/2 (and quasi community property includes even your separate property).

In foreign countries: in most civil law countries (like Mexico) there is community property AND statutory rules that prevent you from completely disinheriting spouse, parents and children.

In England you can disinherit everybody but you cannot leave your spouse on welfare ("as a public charge")

In many places your will was automatically cancelled upon your divorce/remarraige. Search in Google under your state or province or country's name + "intestacy".

To cancel your old will (which I recommend) pending writing a new one, write across it "I cancel this will -- VOID" and sign your name and the date. Then see a lawyer and write a new one. Lawyers don't charge much for wills because they hope for further business that pays better.

Answer 3

It depends. Where is your domicile? What is your nationality?

Intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

So if the law on succession in your country provides for compulsory heirs, then regardless of the existence of the old will, your new wife will have a legitime (a portion of your estate reserved by law for her).
However, if your law says you can dispose all your property by will, then you have to make a new one.
As to your mother-in-law, find out if the property left by your father-in-law could be considered as conjugal. If so, then only half of it will go to his estate to be distributed to his heirs pursuant to the will or to his legal heirs if he died intestate (without a will) and the other half will go to his wife at the time of death.

Answer 4

Your first wife would get everything. Even if you didnt have an old will in some cases the old wife would still get everything unless specified in a current will. It's best to get your will updated but I understand that the cost can be a bummer to update annually. With Prepaid Legal you will have a will provided for you and they will update your current will at no addition cost along with lots of other covereage.
For more infromation:
http://www.prepaidlegal.com/hub/millionairehoy

Answer 5

u woll have 2 write out new will 2 protect your wife from the predators that will show up wanting this or that. she will have no say so on anything. all will go to former wife and other greedy people that come out of the woodwork feeling they are owed or entitled to what u have. do not waste time, file a new will 4 both of you.

Answer 6

Refusing to change an old will to accommodate a new situation is a guaranteed recipe for confusion and problems after your death. No matter what, your new wife will have rights (different states - different rights) Make a new will and avoid all these problems before they start.

Answer 7

If you dont have a will, the estate would most likely be probated and your wife in some states gets everything anyway. Check with probate court in your state.

Answer 8

It depends on what state you are in.
In my state, some things will automatically go to the new wife.

Make sure you make a new will and modify any beneficiaries on life insurance and retirement accounts as necessary.

Answer 9

Since you have not changed your old will, it will be the one that the county goes by when they probate your will. I suggest that you go and have a new will made if you wish to have your new wife get things that you and her cherish.

Answer 10

I would do a new will or a codicil to your will. If you die and your wife is not in the will your old beneficiars will get everything. Or, your wife could contest the will in court, which will take time and money.