Do we need to update our wills?

meritaten

If your house is now in joint names and your will names your previous home leaving it to your children - then its high time you made a new will!

neverdespairgirl

scooby088 wrote: »

My will was made when i was single and i still want everything written in it to be carried out when i die. Can't see me having a change of heart in the near future although one of the charities named in the will may change in the future.

A will that is made when you are not married is no longer valid if you do marry, unless it's clear in the will that marriage is contemplated with a particular person.

DerryLane29

Looking through this post made me think about my own will and its left me feeling very insecure.

Ive been with my partner 12 years,not married but living together for the past 10.In my will I have left my home to my sister should I die,however I have it wriiten into the will that my partner can live in the home(the house is in my name,just finished the mortgage but have always paid the mortgage myself).Ive said he can stay in it till he re-marries or dies then it goes to my sister.

Would this be the case or if he re-married the house would become his and his new wifes???and possibly their children???

As I have mentioned were not married and not planning to in the near future.

Mojisola

DerryLane29 wrote: »

Ive been with my partner 12 years,not married but living together for the past 10.In my will I have left my home to my sister should I die,however I have it wriiten into the will that my partner can live in the home(the house is in my name,just finished the mortgage but have always paid the mortgage myself).Ive said he can stay in it till he re-marries or dies then it goes to my sister.

Would this be the case or if he re-married the house would become his and his new wifes???and possibly their children???

As long as the will is clearly written, no, that shouldn't happen. You are only giving your OH the right to live in the property but the ownership is going to your sister.

DerryLane29

Mojisola wrote: »

As long as the will is clearly written, no, that shouldn't happen. You are only giving your OH the right to live in the property but the ownership is going to your sister.

Thank you so much for your reply Mojisola,that makes me feel alot better.
Its not to say I dont love my partner,I do:T but he has money and a flat bought in his name which is going to his children,my sister bless her hasnt got much and probably never will so thats why her name is on the will,I love my big sis!!:T

Mojisola

DerryLane29 wrote: »

Its not to say I dont love my partner,I do:T but he has money and a flat bought in his name which is going to his children,my sister bless her hasnt got much and probably never will so thats why her name is on the will,I love my big sis!!:T

Have you got a back-up clause in the will in case she dies before you?

DerryLane29

Mojisola wrote: »

Have you got a back-up clause in the will in case she dies before you?

Oh heck,no:o Ive got it in my head she will last forever.

In my will my partner gets my money(if there is any money)and my sister gets my home once my partner dies.

I do slightly worry that maybe one day if I die and he decides to marry then my sister may lose out on the house,a freind says if he was to remarry and they later divorce then she could take part of the house if they are living in it(even though its mine).I should of put in the clause if he remarries then he has to leave maybe?

He hasnt made a will but he will have a house in his own name and alot of money,I know if he dies first then his house and all of his money will go to his 2 grown up children,I would make certain of that,I wont be touching any of that but thats fine to me,just so long my sister dosent lose my house.

Gosh isnt it confusing??:(

Mojisola

DerryLane29 wrote: »

I do slightly worry that maybe one day if I die and he decides to marry then my sister may lose out on the house, a freind says if he was to remarry and they later divorce then she could take part of the house if they are living in it(even though its mine).I should of put in the clause if he remarries then he has to leave maybe?

This is wrong because he will never be the owner of the house - your sister will be the owner; he will just have a right to live in it. She could have a claim on the other property he owns and his capital. It would be a very strange second wife who would be happy living in the house that belonged to the dead first wife!

Also think about what happens if your sister inherits the house from you and then dies before your OH. Who will she be leaving the house to?

It's worth having all these "what if" discussions with a good will writer.

DerryLane29

Mojisola wrote: »

This is wrong because he will never be the owner of the house - your sister will be the owner; he will just have a right to live in it. She could have a claim on the other property he owns and his capital. It would be a very strange second wife who would be happy living in the house that belonged to the dead first wife!

Also think about what happens if your sister inherits the house from you and then dies before your OH. Who will she be leaving the house to?

It's worth having all these "what if" discussions with a good will writer.

I havent thought about these things Mojisola,theres alot to sort out isnt there.
I think its best if i take a trip to the solicitors and ask him to take a look at my will,I think it badly needs updating.

Thank you for your advice Mojisola,this has really got me thinking.

tanith

DerryLane29 wrote: »

I havent thought about these things Mojisola,theres alot to sort out isnt there.
I think its best if i take a trip to the solicitors and ask him to take a look at my will,I think it badly needs updating.

Thank you for your advice Mojisola,this has really got me thinking.

My sister learned too late that it would actually of been cheaper to make a new will than update an old one which cost her £500...just a thought..