Not Legally Married

Skinto_7

RAS wrote: »

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?

Thanks RAS, i think you are right i need to look into the legal side of things then sit down with my Mum and Dad and explain my concerns and what they can do to ensure this doesnt cause any issues for them.

Skinto_7

NAR wrote: »

If definitely divorced he needs to confirm with solicitor that his will is valid, ie it reflects your mother's status "Miss Old Name" known as "Mrs New Name." Otherwise the will could be challenged, or invalid.

Think this situation has perpetuated by generational thinking, in your parent's time this was rarer and could have caused family rifts. Nowadays it is commonplace
I take it you were not upset, I think you need to tell your mother it is time this family secret came out of the cupboard as it is unlikely to upset your brothers either.

Cheers NAR,

I will look into things and see how much my mum knows about will's etc and find out what provision has been made.

I am tempted to tell them just to go to the reg office and make it legal, although worried this might cause issues as it might flag up to any pension, life ins etc organisations who already thought they were married!!!

I can kinda understand my parents not wanting everyone to know after so many years, so i dont particularly think they shoudl tell everyone if it would make them feel bad or worried, i dont think any of my bro's would have an issue with it, but i suppose its upto my parents.

NAR

Skinto_7 wrote: »

They didnt but my oldest bro who is 36 thinks they are married so its been a while!!

Slightly off topic, but I find it amazing that at 36 he has never seen his birth certificate, which would reveal the "secret."

NAR

Skinto_7 wrote: »

I can kinda understand my parents not wanting everyone to know after so many years, so i dont particularly think they shoudl tell everyone if it would make them feel bad or worried, i dont think any of my bro's would have an issue with it, but i suppose its upto my parents.

Sorry I only meant close family, not all and sundry.

RAS

NAR wrote: »

Slightly off topic, but I find it amazing that at 36 he has never seen his birth certificate, which would reveal the "secret."

My GF was a little younger when he discovered that his dad was his step-dad.

I later discovered that all 3 girls married in their birth name and gave the correct name for their father and the boys all used their step-father's surname and listed him as father. Possibly because the elest girl remember her mother's first husband and told her sisters.

The joke is there are persistant rumours that the eldest girl was actually step-father's child. Certainly GGM was was dating step-dad at the time she got pregnant at which point he disappeared and she married another man.

RAS

Skinto_7 wrote: »

Thanks RAS, i think you are right i need to look into the legal side of things then sit down with my Mum and Dad and explain my concerns and what they can do to ensure this doesnt cause any issues for them.

I would look at things very quietly and then talk gently to mum.

From here today it may look like a bit of a storm in a tea-cup but I know from my own family how much havoc was caused by inter-religion marriage and by divorce and remarriage within Catholic circles even in the 1970s.

As far as your father's family are/were concerned even if he actually married (in a register office), there is no way that would be recognised by the family or the Church.

Gloomendoom

As has been said, a quiet trip to the registry office would probably be the easiest and cheapest way to sort out all the legal issues.

NAR

Gloomendoom wrote: »

As has been said, a quiet trip to the registry office would probably be the easiest and cheapest way to sort out all the legal issues.

Not for insurance policies or wills made before the marriage!

LE3

any chance they have a special "anniversary" coming up that they could do a "vow renewal"?

A quick word with the vicar/registrar could ensure that appropriate wording was used and it was recorded legally whilst letting everyone else think it was "just a renewal"

Torry_Quine

Did they have a date when they pretended it was their anniversary? Otherwise how didn't you know they weren't married?

Just thought did you never ask to see wedding photos etc?