Getting married - my children miss out?

cici71

I'm marrying next month so my original will, will obviously be void. I own my home solely in my name and my 2 children (both just now over 18) will get 50/50 after I die. Once I marry, does my house go to my new husband? or can I state in my new will that it still goes to my children but with a clause that my husband can continue to live there. Ideally I'd like him to continue living there and then when he dies, it goes to them 50/50....BUT if he formed a new relationship, then he would have to move out. Is that normal/reasonable to want that? Before his death though , is he allowed to sell it ??

Linton

You should change your will once you are married. It can say whatever you want it to say. You should consult a solicitor to ensure the wording will have the desired effect.

I cant help feeling the requirement for him to move out if he formed a new relationship could be a bit awkward. What defines a relationship in these circumstances? Having a cup of coffee with a neighbour? Inviting a member of the opposite sex (or the same sex) to stay the night? Perhaps not the best way to start a marriage to say he must stay celibate after your death otherwise he loses his home.. However this isnt a marriage guidance forum.

cici71

Surely if he meets someone else and remarries, it's not unfair for me to say ok great but not to the detriment where my children can't have their inheritance and be able to get on the property ladder themselves???

74jax

My will leaves my house to my DD.but hubby can live there for ten years or until he wants to live with someone else. He also can't share the house with a new girl friend etc.

I put ten years as I want DD to have the benefit. He could live another 40 years which means she misses out.

poppystar

The wording in my parents wills ends the trust on 'cohabitation' rather than relationship. I'm sure your solicitor will have the correct wording but go with a clear idea of exactly what you want/ don't want to happen

How long should it last (assuming no new relationship)? - e.g. for life or a set number of years
What happens if he wants/needs to move? - for, say, work or to downsize or for health reasons. Would you want the trust to end there or be transferred to a new property?

etc…

Think about all possible scenarios and a few more!

Linton

The OP said "formed a relationship" not remarry or cohabit . How do you define "formed a relationship"? How do you (or rather the children) police whether he has done this? Remarry, 10 years or cohabit are reasonably well defined but formed a relationship isnt.

cici71

Ok Linton, I used the wrong terminology hence the reason why I came here for advice?

cici71

My other question still hasn't been answered though. If I were to die, can my new husband sell my property ? For example.... I die, he inherits house, sells it, gambles the money and loses. My children lose their inheritance?

Angry_Bear

cici71 wrote: »

My other question still hasn't been answered though. If I were to die, can my new husband sell my property ? For example.... I die, he inherits house, sells it, gambles the money and loses. My children lose their inheritance?

If you change your will correctly, then it wouldn't be "his" to sell - he'd just have a right to live there.
Really worth paying a solicitor for advice and to draw up the will.

cici71

I am a Unison Member where they offer members a free wills service. Would that be ok?

Savvy_Sue

cici71 wrote: »

My other question still hasn't been answered though. If I were to die, can my new husband sell my property ? For example.... I die, he inherits house, sells it, gambles the money and loses. My children lose their inheritance?

If you don't make a new will, then yes, he can potentially do precisely that, but it depends on the total size of your estate, including the value of the house. Over a certain value, your children would get something. Google the laws of intestacy to find out what.

What you can do is make a will NOW 'in contemplation of marriage' which sets out what you want to happen after you're married. Any solicitor should know the form of words to use. Saves that being the first thing you think about after the honeymoon!

And of course your husband-to-be may wish to do the same.