Contesting a Will made before marriage

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May 27, 2016

A husband who told his wife, many times, during their marriage that all his assets belonged to her, did not put the necessary plans in place for that to happen.

A few days after he died, in November last year, she discovered he had made a will before they got married. According to the woman, the will stated that all his assets belonged to his sister.

"I was married for 10 years before my husband died suddenly in November last year," she said.

"He told me, many times, that all he owned belonged to me, and I believed him. I trusted him so I did not question what he told me.

"I got the shock of my life a few days after he died. One of his brothers came to the house and told me about the will my husband had made about five years before we got married.

"The will stated that the money in his bank accounts, which total more than $2 million and all his cows and goats, belonged to his sister, who is an adult. My husband said he owned the house in which we lived but I had never seen the title for the house during the marriage.

I was informed by his brother that he and my husband were joint owners of the house and, now that he is dead, he is the sole owner.

"He showed me a copy of the will and the title, and it is true. He said my husband had put his name on the title when he purchased the house because he did not have any children.

I was informed by my brother-in-law this year that I should make preparation to leave the house.

"I am not working and cannot afford to pay rent. I told my brother-in-law that I did not have any money to pay rent. He said I could stay at the house until the end of this year.

When I told him that my husband had said, many times, that his possessions belonged to me, he laughed at me and asked why my husband did not put it in writing.

"I cannot believe that I could be treated in this manner. My cousin came to visit me last month and told me to contest the will. I told her it made no sense because the will was not forged."

Under the Wills Act, a will which is made before a marriage can be revoked. Section 13 of the Act states, in part, that every will made by a man or woman before marriage shall be revoked. Your cousin is right, you can consult a lawyer to get your entitlement from your husband's estate.

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