I have been instructed by a lady who has just lost her husband. The Wills she has provided are mutual Wills and the facts are as follows:-
- The Mutual Wills were signed in 2014 when they were unmarried and they contain a marriage clause
- They married 5 days before his death
- They had only been engaged for 1.5 years
I do not believe that the condition required has been met :-
" the testator must have been expecting to be married or to form a civil partnership with a particular person at the time that the will is executed. It is not enough for the testator to simply state that he or she expects to marry in general"
Where do we go from here? Or has the condition been met because it was their intention (been together a long time, home together and business together)
Any help would be very gratefully received!