H&W were married for many years, but then 10 years ago they divorced when the marriage broke down. H did not change his Will at the time because ultimately everything would go to their son. (W is some 25 years younger than H.)
5 years ago H&W re-married. Under normal circumstances, H’s old Will would become invalid on marriage, but is that the case when he is re-marrying the same person?
Since the second marriage, H&W have not lived together and would now be described as separated, although they have not divorced. When H dies, will W be able to inherit as a spouse?
Harris & Trotter LLP