Wills – As you were

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Q: My mother and father made similar wills  whereby if one died their share of the estate passed to the other, but if both died then the estate was divided equally between their children.

My mother died and therefore the estate has passed to my mother. Is her will still valid, ie will the estate be divided equally between the children when she dies

A: To be absolutely sure you would have to look at the terms of the will.

If a beneficiary of a will dies before the person who has made it, the gift of that beneficiary will fail and you will need to look at whether the will has substituted beneficiaries. The will remains valid if your mother does not remarry, since marriage automatically revokes any current will.

If your mother remarries and forgets to make a new will, the estate will be distributed in accordance with the rules of intestacy, which puts the spouse first.

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