Re marriage wills help needed

ognum

Lara44 wrote: »

Hi King100

If marrying legally is not a possibility, would your father appreciate having a small blessing ceremony?

Religious or lay people (humanist celebrants amongst others) could conduct a small blessing ceremony where he exchanges rings and vows with his partner.

I'm so sorry you're going through this sad situation

While this is indeed very sad, I wonder if he wants to get married in order for his future wife to get his pension rights and other benefits so my guess is that a blessing is not sufficient.

Sorry if this sounds cynical.

Tiddlywinks

I, too, think this is a 'mental capacity' issue.

Marriage is a voluntary contract and both parties need to have the capacity to understand the implications of the legally binding agreement. A registrar needs to be certain that both parties are mentally capable of entering into the contract. I presume a medical professional has said your father does not have 'mental capacity' ie competance to enter into a legal contact.

So, the next question is why is this so important? Is it a spiritual thing? In which case a blessing may help. Or is it something to do with inheritance benefits? In which case you will need to seek a second medical opinion or accept the fact that your father is beyond the point where he is able to make sound judgements.

rosie-lee

A Registrars Licence to authorise a marriage, can be granted without the need for the 15 clear day notice period upon the written statement of a Doctor.

It is true that the Doctor must confirm all the points mentioned by the OP.
The capacity for the sick party to have complete understanding of the contract they are entering is at their discretion.

However if the sick person has deteriorated or the 2 Registrars agree that illness or medication casts doubt over their capacity at the time of the Mari age, it will not be take place.

It must be remembered that marriage contract is a verbal one and both parties must be able to speak the both the declaratory & contracting words in a way audible to 2 Registrars & 2 witnesses.

Although the RG Licence can be issued for immediate use in approx 1 hr, it can be very distressing for couples who leave it too late, to be unable to use it, and I am very sorry OP that this may now be the case for your poor father.

On a lighter note, The same licence can be requested if a member of the Armed Forces is called to imminent deployment, not an authority for marriage in a non-licensed place but a very quick completion non the less.

rosie-lee

Tiddlywinks wrote: »

I, too, think this is a 'mental capacity' issue.


So, the next question is why is this so important? Is it a spiritual thing? In which case a blessing may help. Or is it something to do with inheritance benefits? In which case you will need to seek a second medical opinion or accept the fact that your father is beyond the point where he is able to make sound judgements.

It can be very distressing for a partner who may have been with someone for decades to be unable to Register the death, if there are other close relatives.

The person who registers the death assumes authority for decisions about the funeral. The technical terms may be a little insensitive to put here. Within some families it can again cause great distress if the deceased's partner for instance wants a burial but the estranged children want a cremation for example.

Marriage can ensure that arrangements for care of children can be carried out according to wishes more clearly.

Whilst inheritance may often be viewed in a greedy way, in the case of couples who have built a life together over many years but who don't necessarily have everything in joint names, it ensures that they are not left high & dry at the worst time of their life, having to engage solicitors and lengthy forms to sort home financial matters out.

For all the reasons that Civil Partnerships were introduced to protect same sex couples upon the death of one of them, that's why marriage matters here.

To answer your question, people who would get married but just never get round to it are put in the position of having to get round to everything in one big wallop when they are faced with the prospect of one of them dying imminently. If you have family, property, any sort of finance, getting married takes away a whole lot of stress &worry afterwards and to add to it is a beautiful and often very touching way for two people to express just how much they love each other by taking each other as husband & wife, especially if close friends &family can be present.

king100

Yes I am the son, my father does NOT want to marry me. He said to me " I want to get married"

This is purely a financial reason to this and it is his private pension.

The outcome after talking to my solicitors is I must wait till he has his mental faculty back. Plus the other aspect has come in being an only child I inherit everything, alas as soon as he marries then his most recent will in invalid and whoever he marries can claim the entire estate.

It is a license that allows people who are deemed " knocking in deaths door" to be granted a license to be married anywhere ie hospital home care home.

king100

Does anyone know what the guidelines, there must be some it's the NHS they always have guide lines, they use to assess someone's mental capacity?

Yorkie1

Have you looked at the link in post #9?

Mojisola

king100 wrote: »

Plus the other aspect has come in being an only child I inherit everything, alas as soon as he marries then his most recent will in invalid and whoever he marries can claim the entire estate.

That depends on the value of the estate -

https://www.youngandpearce.co.uk/intestrules.htm
Married person with children
* Spouse gets everything up to £250,000 & personal possessions.
* Anything remaining is divided into two:-
o Half to the children at 18 or earlier marriage.
o Half in trust during spouse's lifetime - he or she gets the income. On spouse's death this half goes to the children.