Janet and John had met and lived together for 5 years, together they have a 3-year-old daughter, Janet 2 sons aged 8 and 9 from her previous marriage and John a daughter aged 10 from his previous relationship.
Together they thought they had done the right thing in drawing up Mirror Wills, appointing guardians with all 4 children to benefit equally.
However, they married in April and thought all was good!
Janet and John were both involved in a serious car crash in February and were in intensive care before Janet died from her injuries a few days later and John after a longer battle in April. Both thought all their affairs were in order and all 4 children would be looked after.
Marriage had revoked their Wills, as Man and Wife everything they had went to John under the laws of intestacy, when he died all went to his 2 children leaving Janet’s 2 sons from her previous manage with nothing. Although they thought they had appointed guardians for the children the families could not agree and with the Will invalid all the children were taken into care and fostered.
A simple revision of the Will after their marriage would have ensured all 4 children were beneficiaries and the guardians would have been appointed in their Wills.