Not Legally Married

Skinto_7

Hi Folks,

I have recently found out that my parents are not legally marrried, although they have lived as a "married couple" for over 40 years. I found this out because i needed my birth certificate for getting married myself and my mum "confessed" , she was very apologetic etc and was making excuses if you like for why they did it the way they have. To be honest i couldnt care less if they are married or not, they have been spot on parents and it makes no difference to me. (my mum has asked me to keep it from my bro's & sis and not let my dad know either, again have no issue with this)

The only concern i have is legal ones, as they are not married and my mum looks to have changed her name without going through the proper channels, what are the possible implications?

I am slightly worried any future insurance policy's etc may not pay out if my parents have said they are married when they are not, or that if anything happens to my dad my mum may not get what she is due.

Can anyone advise if this is a possible issue or after all this time would it make no difference?

Thanks

Mojisola

If they haven't made wills, your Mum and Dad won't inherit from each other under the intestacy rules.

Nothing to stop them going to the Registry Office and doing the deed. No-one else needs to know.

NAR

Anyone can change their name by deed poll so most things will have no consequences.

Skinto_7 wrote: »

and not let my dad know either,

This confused me, how does he not know he is not married?

I am slightly worried any future insurance policy's etc may not pay out if my parents have said they are married when they are not, or that if anything happens to my dad my mum may not get what she is due.

It may be useful to contact the insurance companies to clarify, as you know insurance companies often look for any excuse to not pay out. That way mother will get piece of mind.
With regards wills the solicitor should be able to advise on wording to cover their situation.

Tixy

Do you know whether they each have Wills?

How completely has she changed her name? E.g. on her driving licence/ passport what name does it show?

RAS

You need to read up on the laws of intestacy. I am assuming England and Wales? if not the law is different.

Do your parent own a house? Is that a joint tenancy or tenants in common? You can download the details from the Land Registry. A joint tenancy would mean that the surviving parent owned the whole property after the first death so that would be OK.

Basically if your parents were married, then if either dies the other gets the first £250,000 of the estate and life interest in half of the rest.

If they are unmarried and have no will then the estate is split between the children of the deceased and the parent could be out in the cold. They would have make a claim under the Inheritance Act if they were maintained by the deceased.

Of course if they have wills sorted, then it is sorted. Ditto if they have made proper arrangements with their pensions providers.

I am not asking you to respond on line but is there any chance that dad has children or a surviving spouse from another relationship?

Mojisola

NAR wrote: »

This confused me, how does he not know he is not married?

I took it to mean that Dad doesn't know that Skinto_7 knows.

Ronaldo_Mconaldo

Did they say why they had done this?

McKneff

NAR wrote: »

Anyone can change their name by deed poll so most things will have no consequences.

This confused me, how does he not know he is not married?

It may be useful to contact the insurance companies to clarify, as you know insurance companies often look for any excuse to not pay out. That way mother will get piece of mind.
With regards wills the solicitor should be able to advise on wording to cover their situation.[/Q UOTE]


I think probably mum means not to tell Dad that she has told her that they are not married
lol.

hardpressed

Another point worth noting is that mum and dad are not each others next of kin, unless they have done that legally.

Skinto_7

NAR wrote: »

Anyone can change their name by deed poll so most things will have no consequences.

This confused me, how does he not know he is not married?

.

Sorry he knows he's not married, he just doesnt know that i now know about this.

Thanks

Skinto_7

Tixy wrote: »

Do you know whether they each have Wills?

How completely has she changed her name? E.g. on her driving licence/ passport what name does it show?

Im pretty sure my dad has a will, i will need to ask my Mum if she has one.

Her name on all her documents is her "married" name, passport, driving license etc however she seems to have managed to do this without officially changing her name through deed poll or marriage!!