Three children expected to inherit their father’s assets when he died, he having been ill with a

fatal illness for some time. A few days before he died they found that he had married his

carer in a civil ceremony. He was supposed to have been so unwell that he could not stand

up. He got his new “wife” confused with his sister, leading to comments that “he did not

know what he was doing”.

What was worse was that he then made a Will leaving everything to his new “wife”. The

children want to challenge the Will and know about their rights.

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Comment by Specialist Wills & Estate Lawyer Terry Johansson:

The first issue is whether or not she is a wife: If not, she would simply be someone who has

lived with him for three or four days, and although this may give her some right to challenge

the Will, her rights will not be strong. A family lawyer should be consulted to see whether or

not they can contest the validity of the marriage. If the marriage is invalid, the wife may still

claim to be entitled under the Will, but because the Will described the person to benefit as his

“wife” she may not be entitled if she is not legally married to him. There is also the question

as to whether the Will is valid anyway. The children would be best advised to get advice as

to whether they can challenge the Will as a backup claim and pursue the other avenues.

00683.6/CQ/MCA/20121581/AU/C/XXX/-/MAC/RM/?