mum's will

getmore4less

Don't forget to consider pregancy

madbadrob

Another point to consider if she hasnt made the will make sure it says in it on contemplation of marriage to ........... that way the marriage wont make the will void. If it has already been made then she will need to make one after the marriage or she would basically die intestate which means the partner would get it all up to 250k and a half life interest in the residue. When he dies you would then get the half life interest to be dealt out between you and your siblings.

Rob

mollyjester

The marriage thing would defiantly give him more rights over the estate and a stronger claim under the estate and it is true that a new will would have to be made after any marriage.

That said even if he just moved in with your mom he could still challenge the will after 2 years of cohabiting through the Inheritance act. It would be tricky for him though as legally there is no such thing as a 'common law' wife or husband.

You can put a clause in a will for him to remain in the property should your mother pass before him - a good lawyer would recommend clauses to protect him in-case either of the beneficiaries decided to sell but this would in turn detriment you meaning if you fell on hard times you could not release your equity.

What your mom needs to be very careful of is adding him to the deeds of the property and changing accounts into joint names although the husband or wife usually has the right to access partners accounts but more so if in joint names.

If she does want to change the deeds to joint (I can see no reason why she would) she can add things like a deed of trust to protect her current equity in the property.

If in doubt I would seek some legal advice a lot of firms can give this kind of basic advice for a fixed fee.

I would be cynical too but my dad is in his 60's and has a girlfriend but wouldn't dream of moving in with her out of 'wedlock' just a different generation....kinda sweet really

getmore4less

mollyjester wrote: »

The marriage thing would defiantly give him more rights over the estate and a stronger claim under the estate and it is true that a new will would have to be made after any marriage.

That said even if he just moved in with your mom he could still challenge the will after 2 years of cohabiting through the Inheritance act. It would be tricky for him though as legally there is no such thing as a 'common law' wife or husband.

The claim would still need to pass other tests(unreasonable, dependant) to have any chance of changing things.

Moving in is not the only determiner of "household" the cuurent 16y relationship could well quailfy.

You can put a clause in a will for him to remain in the property should your mother pass before him - a good lawyer would recommend clauses to protect him in-case either of the beneficiaries decided to sell but this would in turn detriment you meaning if you fell on hard times you could not release your equity.

What your mom needs to be very careful of is adding him to the deeds of the property and changing accounts into joint names although the husband or wife usually has the right to access partners accounts but more so if in joint names.

What legislation allows that

If she does want to change the deeds to joint (I can see no reason why she would) she can add things like a deed of trust to protect her current equity in the property.

If in doubt I would seek some legal advice a lot of firms can give this kind of basic advice for a fixed fee.

I would be cynical too but my dad is in his 60's and has a girlfriend but wouldn't dream of moving in with her out of 'wedlock' just a different generation....kinda sweet really

As above the relationship could allready qualify under the cohabiting rules since it does not now mean live in the same house.

mollyjester

"What legislation allows that"

It would depend on the will clearly but if there is not stipulation in the will the husband can make an application to access the account particularly if he is named as an executor and would in some cases only need to produce the marriage certificate and proof of death. So several.

getmore4less

although the husband or wife usually has the right to access partners accounts

mollyjester wrote: »

"What legislation allows that"

It would depend on the will clearly but if there is not stipulation in the will the husband can make an application to access the account particularly if he is named as an executor and would in some cases only need to produce the marriage certificate and proof of death. So several.

SO no legisation due to marriage just normal access rights, executor/administrator/intestate benifitiary.

The latter highlighted would only apply IF they were allowed to access without the grant*, all access forms I have seen require an indemnity** to gain access, the marriage certificate would not be needed just the death cert and sometimes the will if it it exists so anyone with them could access.

*the highest no grant access limit I have seen is £25k santander.

** if not entitled this stops the bank getting sued for the money but also clearly identify the person(s) that stole the money.

here is santanders form.

madbadrob

Not related to the OP but I note on the Santander's terms that by signing you give Santander the right to keep your details. Correct me if I am wrong but under the DPA your details can only be kept for up to 12 months after finishing business with any company registered under the DPA which all banks have to be

Rob

getmore4less

madbadrob wrote: »

Not related to the OP but I note on the Santander's terms that by signing you give Santander the right to keep your details. Correct me if I am wrong but under the DPA your details can only be kept for up to 12 months after finishing business with any company registered under the DPA which all banks have to be

Rob

They probably have to keep details of who took the money longer than 12 months. Without keeping them they could be held liable to return the money for a number of years

madbadrob

getmore4less wrote: »

They probably have to keep details of who took the money longer than 12 months. Without keeping them they could be held liable to return the money for a number of years

I just checked my own registration which I need to renew (ooops) and its states I can keep the information as long as it is adequate relevant and not excessive and not kept longer than is necessary. Personal information should not be held simply on the basis that it might become useful one day.
I guess it will be down to the holder of information to decide when that point arrives

Rob

securityguy

madbadrob wrote: »

Correct me if I am wrong but under the DPA your details can only be kept for up to 12 months after finishing business with any company registered under the DPA which all banks have to be

Rob

Wrong. There's a general presumption that if you haven't got a reason you shouldn't be keeping data, but if you have got a reason, you can (subject to the various other provisions).