Wills & Marriage

Becles

The will thread in DT has got me wondering something!

I've already got a will that says everything I have will be split between my two sons. Does that become invalid when I get married?

We've already talked about this and he wants this to stay the same so my assets to go my sons. Will I need to make a new will after the wedding?

Spendless

I think marriage automatically invalidates a will, as does divorce but I'm not 100%. I'd check it out to be sure.

Bossyboots

Yes, getting married does invalidate a will unless it is made in anticipation of that marriage and clearly says so therein.

So you will need to make a new will after the wedding unless you do one with the special narrative.

Becles

Thanks - I'll do one afterwards.

busby1_2

Even if you make a new will after the wedding you can not disinherit your spouse, if they contest it they will win

you would need a prenup to ensure your inheritance went where you wanted it to go

sorry if this throws a spanner in the works

Becles

Why can't you disinherit a spouse? It seems daft if you can't leave your assets to who you want to have them

I haven't got time to get a pre-nup drawn up now. I didn't consider it as I didn't think they were legally binding.

busby1_2

They are not in themselves, but do add weight to other things like making a new will.

The law protects the spouse, and in the majority of cases it is justified, you do need to make special arrangments with a solicitor, and your spouse will need to do it with you to demonstrate their agreement.

Bossyboots

busby1 is correct (except about the pre-nup which had no legal status). It seems like the best thing for Becles will be a will leaving her assets to her sons but only after the passing of her spouse. In the meantime, he would have a life interest in their use and the interest made from any capital.

Thats only a rough summary of what can be done. I would strongly recommend Becles has her will drawn up by a professional will writer or solicitor as it is essential that it is done correctly as it not going to be a standard will.

Spendless

busby1 wrote:

Even if you make a new will after the wedding you can not disinherit your spouse, if they contest it they will win

you would need a prenup to ensure your inheritance went where you wanted it to go

sorry if this throws a spanner in the works

really :eek: . What happens if the spouse is seperated and living with someone else but they are not actually divorced (or going thru the process of a divorce?). My SIL is in this position and I nagged her to make a will which she eventually did thru a solicitor as I was thinking about her daughter from her first marriage.

Bossyboots

Spendless wrote:

really :eek: . What happens if the spouse is seperated and living with someone else but they are not actually divorced (or going thru the process of a divorce?). My SIL is in this position and I nagged her to make a will which she eventually did thru a solicitor as I was thinking about her daughter from her first marriage.

The will should refer to the fact that it is being made after the breakdown of the marriage. Hopefully her solicitor will have made sure that it was worded correctly to give her the proper protection.

I think she should review it and perhaps double check with her solicitor that it does cover her intentions. You may find when you speak to her that in fact everything is in order. If not, this may be a time to review her postion overall.

Spendless

Bossyboots wrote:

The will should refer to the fact that it is being made after the breakdown of the marriage. Hopefully her solicitor will have made sure that it was worded correctly to give her the proper protection.

I think she should review it and perhaps double check with her solicitor that it does cover her intentions. You may find when you speak to her that in fact everything is in order. If not, this may be a time to review her postion overall.

Thanks bossyboots I will ask her though as the will was made clearly cos of the position she is in I think she will be ok, but I'll ask. When I used to go on about making a will to her several people suggested she did her own DIY version. Just as well she didn't giving what you've said that I hi-lighted, she wouldn't know to do this and just shows the importance of seeking professional help.