HiMy father in law passed away in March ...

Asked by J Botha on 02-01-2024 13:02:10
Question posted in the Family Law category relating to Eastern Cape


My father-in-law passed away in March 2023 and he did not leave a last will & testament before his passing. The last will of his that was in place was when he was still married to my mother-in-law (they got divorced in 2011 and he remarried in 2017) and he never update or drafted a new will after his divorce. My first question is, if there was no will updated/drafted from the previous will, is the previous will that was in place with his previous marriage still valid?

The law firm that was used when drafting the previous will is unable to provide a copy of the will that was drafted when he was married to my mother-in-law. Second question, is there an alternative means of getting hold of the will that was in place when married to my mother-in-law other than through the law firm that drafted the will?

Lastly, when my father-in-law remarried, he was married inside community of property with his new wife, what effect does this have on the previous will that was in place?

Looking forward to your response.

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