Getting married - my children miss out?

Mojisola

cici71 wrote: »

I'm marrying next month so my original will, will obviously be void.

You don't have to wait until after you are married to write a new will. If you do, there will be a period of time when the rules of intestacy would apply and your children would miss out if you died.

Get the new will written 'in anticipation of marriage' and it will be valid before and after the wedding.

Yorkshireman99

cici71 wrote: »

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 ??

You need to see a specialist solicitor who is a STEP member. You can make a will "In contemplation of marriage to a particular person" before you marry and it will not be invalidated by the marriage.Whatever you do don't use a will writer!

cici71

Why is that please??

Yorkshireman99

cici71 wrote: »

Why is that please??

Will writers are bad news. They don't have the expertise or training.

cici71

Even when they say it is checked over by a solicitor ?

cici71

It's by the company Unison

paddy's_mum

You might also want to check out with a solicitor what would happen to 'your' property if you subsequently divorce.

My understanding is that if you have been married for longer than a couple of years, everything you each own becomes matrimonial assets and can be divided by a Judge, regardless of who brought what into the marriage.

Yorkshireman99

paddy's_mum wrote: »

You might also want to check out with a solicitor what would happen to 'your' property if you subsequently divorce.

My understanding is that if you have been married for longer than a couple of years, everything you each own becomes matrimonial assets and can be divided by a Judge, regardless of who brought what into the marriage.

It is nothing like as simple as that! That is why the OP needs to talk to a specialist solicitor.

Keep_pedalling

Wills taken through Unison are compiled by solicitors, but you don't get to meet them face to face so vital questions could be missed.

We had ours drawn up through them when my wife was still was a member, we have since had new wills drawn up through a local solicitor where everything was gone into in far more detail.

gettingtheresometime

cici71 wrote: »

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 ??

This exactly what my FIL's will stated