do i have to make a new will?

dithedancer

me and my husband made separate wills with a solicitor a few years ago him leaving everything to me, mine leaving everything to my 2 teenage children. since then my hubby as died and i have got a boyfriend who says that he wants to marry me. i had to see the solicitor about something and i asked about my will, telling him that even if i did get married again i did not want to change anything and the kids still get all. he told me that it was better to make a new will as my boyfriend could make things difficult if he wanted even if he just moved in and we became partners. what happens to the will the solicitor as, if i made out a free one? i can't afford spending £200+ on making a new one with him.

Alter_ego

Any will is invalidated by marriage, unless it specifically states that it is made in anticipation of marriage.

Also any will cancels all previous wills.

getmore4less

A marriage make a will void anyway, unless it specificaly covers the situation which is unlikley.

It should not cost £200 to make a new one with the same solicitor.

Who are the executors in your current will? (hint you do not want it to be the solicitor)
it is often each other and needs updating when one of you dies.

You also need to watch the situation with the house if he starts living there

Mojisola

Any existing will becomes defunct when you marry, unless the will was made specifically in anticipation of the marriage, so if you marry you will need to make a new will.

Will your boyfriend have his own resources? If he moves in with you, will he have to move out and lose his home if you die? You could leave him a life-team interest in your home which would then go to your children when he dies.

You need to explore all the options and find the money for a new will if you want to be sure your children will inherit from you.

dithedancer

i would make sure he wasnt made homeless, but what would happen if after my death the kids wanted to sell the house and set up on there own would one of them have to take him in. they don't get on famously with him, just tolerate him. i don't know if its right or not but i heard that an executor could not have any claims in the will, is that true.

getmore4less

dithedancer wrote: »

i would make sure he wasnt made homeless, but what would happen if after my death the kids wanted to sell the house and set up on there own would one of them have to take him in. they don't get on famously with him, just tolerate him. i don't know if its right or not but i heard that an executor could not have any claims in the will, is that true.

An executor can be a benifitiary.

Alter_ego

Not true that an exec cannot benefit

dithedancer

would the CAB advise my son of what to do after my death if i made him the executor. i don't think he would have a clue of how to go about settling my affairs even though he is now 19.

Mojisola

Buy him a copy of the Which? book - "What to do when someone dies".

sueeve

I think there needs to be a new will made now, to come into effect immediately upon marriage. Protect your children's interest. You can always ammend when your marriage matures and you feel clear what you want. There are too many pitfalls for you not to use proper legal advice. Better spend the money on a decent will and try to save a bit on the wedding if you are finding things tight. (I have absolutely no personal contact with the legal industry by the way)

Jinx

dithedancer wrote: »

i would make sure he wasnt made homeless, but what would happen if after my death the kids wanted to sell the house and set up on there own would one of them have to take him in. they don't get on famously with him, just tolerate him. i don't know if its right or not but i heard that an executor could not have any claims in the will, is that true.

If you gave him liferent so he wasnt made homeless then your children will not be able to sell it until his death is my understanding. Can be clauses added like if he has a new partner must sell and settle the childrens share.

Where new partners and children from a previous relationship are involved I think specialist advice is a must; otherwise it can all be a bit problematic at the worst time.

Also - do not assume that everyone will act 'fairly'. Have it put in black and white in a will. My relative distributes estates for a living and sees the worst that can happen in families and step-families are the worst.

A frank chat with the boyfriend is needed