House/Will

In a divorce where a house is left to a spouces children from a previous marriage in a will, does that still stand in a divorce or is the house to be split between husband and wife in Scotland?

It depends on the legal ownership of the house. I assume this house is the one that the husband and wife (or the current marriage) have been living.

- Who left the house in their will?
- Is that person now deceased? Or alive and nominated the children in the will?
- Has the house already been transferred into the names of the children?
- Was the will contested in any way by the parties to the first marriage?

Unfortunately you have not provided enough information to allow us to answer the question.

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The house was the property of my husband , he and his late wife lived in the property until her death. My husband has stipulated in his will that the house is to be left and divided between his three children from his late wife. My husband and I live in the property.
Does this still stand if we divorce?

Who left the house in their will? My husband
- Is that person now deceased? Yes Or alive and nominated the children in the will? Not sure if names have been stipulated.
- Has the house already been transferred into the names of the children? No
- Was the will contested in any way by the parties to the first marriage? No

The Will would still be valid after divorce. But it may have been changed or could be changed in the future.

Wills don’t come into play until you die.

Thank you. I thought this was the case. A friend told me that the will would be null and void if the there was a divorce as the family home would be split between the wife and husband.

I think that's right unless part of the property was put in trust or transferred. Given what's at stake it is worth consulting a Scottish law specialist.

Hadenoughnow