Sons left in Will dispute after mum forgets to update it after remarrying

The importance of making a new Will after you remarry has been underlined by the sad case of Dawn Webb whose three sons were left with very little after she failed to do so.

Now her sons, in a painful dispute with their stepfather, are challenging their mother’s Will under the Inheritance Act 1975 on the basis that it did not make proper financial provision for them.

Dawn’s children Sam Monahan, 29, and his two brothers, aged 25 and 17, thought they would receive about £100,000 each as outlined in their mother’s Will made after her divorce in 2015.

However, what Dawn – who died from cancer seven months after tying the knot with her new partner – didn’t realise was that this Will was rendered invalid by her second marriage.

As a result, her estate was dealt with under the rules of intestacy and not as she had intended. This meant her sons received just £9,000 each and her new husband got the bulk of her £305,000 estate.

Why must you make a new Will after getting married again?

This case shows how severe the consequences can be if you don’t update a Will after you get married again.

In effect, until you make a new Will you don’t have a valid Will which means the rules of intestacy decide how your estate is divided and not according to the wishes expressed in your previous Will.

This many not be what you want especially if you have children.

The only exception is if the Will written before your most recent marriage contains a specific and correctly written clause saying it is made in contemplation of marriage which means it won’t be invalidated by the wedding.

Get in touch

If you would like to contest or defend a Will, the help of a specialist lawyer is vital as every case needs to be looked at on an individual basis. Time limits also apply.

For help and advice, please contact Wards Solicitors’ Contentious Trusts and Probate Team.

Our lawyers are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly (SFE) and the Law Society’s Probate Panel. All demand a high level of expertise and up to date knowledge from their members.

Wards Solicitors’ team is praised by the Legal 500 Guide for 2023 for its broad contentious trusts and probate practice with a particular emphasis on Inheritance Act and Court of Protection matters.

Head of the team, Elizabeth Fry, is highlighted as a key lawyer specialising in high value and multi-jurisdictional matters with four other members of the team also recommended.

• If you have remarried and need to update your Will please contact our Wills and Mental Capacity team.