What rights do beneficiaries have when the spouse has gone against his wife's last will and testimony?

Answer 1

Like most legal questions, the answer is "it depends." For example, say the wife said in her will that her husband should never remarry. She had no right to impose that on him, so obviously no court is going to hold him to that. On the other hand, say that the wife left a sum of money in a trust for him, on the condition that he never remarry, and that if he did he would forfeit the money to their children. If he remarried, the children could certainly draw him into court and demand the money. What I think you are implying in your question is that the husband is the executor of his wife's estate, and that he is not giving the beneficiaries of the will the money which it gives them. The beneficiaries have the right to draw the husband into a probate court and be held to account for his actions, but on the very limited facts given here, it is impossible to say whether they would win in court. Probate law is complex, and there are many reasons that the husband might escape what the will says (for example, if it was an improperly executed will). You should contact a lawyer and explain the facts of your case in detail to get a good answer to this question.

So the short answer is: they probably have a right to a hearing in probate court, but it is impossible to say whether they have legal rights to recover against the husband.