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Marriage or not - Terminal Illness Diagnosis.

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  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    Panagia wrote: »
    Just thinking out loud:

    If you two get married, your house, etc will also become his, which is not a problem at the moment, but what if his children were to turn up at some point in future and claim an interest in the property?

    That's why a will is also important.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    tea_lover wrote: »
    Next of kin isn't an actual thing in this country.

    It isn't a legal 'thing' but some hospitals and funeral directors will use blood connections to decide priority if arguments start.

    I know of cases where partners have been completely cut out of their OH's last days and had no control over the funeral arrangements at all.

    Lifesaver - It's worth making sure that your OH has you named on the hospital and GP paperwork as his NOK. There's also this -
    https://www.royalfree.nhs.uk/patients-visitors/advice-and-support/next-of-kin/ -
    it's like a donor card.

    Put in place as many things as possible to show your OH puts you above any blood relations who may appear once they get a glimpse of an inheritance.
  • Silvertabby
    Silvertabby Posts: 10,153 Forumite
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    edited 21 January 2017 at 4:10PM
    My heart goes out to you both.

    My daughter says if we get married there could be conditions in the pensions that state spousal beneficiaries need to have been married a certain length of time to receive full benefits.
    It depends on the pension scheme. The Armed Forces Pension Fund, for example, will only pay spouses benefits to a recently married claimant if he/she can prove that they had been in a long term relationship (ie, 2+ years).
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
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    Panagia wrote: »
    Just thinking out loud:

    If you two get married, your house, etc will also become his, which is not a problem at the moment, but what if his children were to turn up at some point in future and claim an interest in the property?

    No, it doesn't.

    If you marry, then if you later divorced, he would potentially be able to make financial claims against you, but assets don'r automatically go into his name, and his children would have no automatic claims.

    OP, if you marry then even without a will (although I agree it is better if he does that as well) then as his wife you would be the first beneficiary under intestacy, so (as you say he has few assets) it would likely mean that everything would come to you.

    If he has a pension then there might be widows benefits, although he would need to check with his pension provider an update his wishes with them.

    If you are married then you would also be the person with the highest claim to making choices about his funeral, where / whether his is buried or cremated and so on. Again, bu making a will he can name you as his executor in any event, but being his souse as well makes everything clearer.

    I think the only financial risks you would take in getting married would be that it would make it easier for him to claim against you financially were you to divorce in future, but assuming that that is not something you feel is likely, getting married won't disadvantage you.

    And of course, if he is ill and worried about this then it might give him a good of deal of comfort and peace of mind.

    I on't think that it is common to have a minimum period of marriage before widows benefits etc. kick in, but even if there are, then you would be no worse off than if you don't marry.

    I's suggest that you do it, and that he also makes a will, ensuring that the solicitors are aware that he specifically wants to exclude the adult children, and that he also grants you powers of attorney so that you can manage his financial affairs, and make personal choices about his care etc, if he becomes too ill to do so himself.

    I'm sorry that you are coping with this.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Ames
    Ames Posts: 18,459 Forumite
    Are you in Scotland? If you are then I believe the rules are different when it comes to disinheriting children.
    Unless I say otherwise 'you' means the general you not you specifically.
  • Lifesaver
    Lifesaver Posts: 273 Forumite
    Just an update.
    We married in February arranged by the Hospice, just the 2 of us and close family.
    The will was sorted out, Solicitors came to the Hospice and did that for us.

    My husband sadly passed away 3 weeks later, much sooner than anticipated.
    Thanks everyone for their advice.
  • pinkshoes
    pinkshoes Posts: 20,564 Forumite
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    Lifesaver wrote: »
    Just an update.
    We married in February arranged by the Hospice, just the 2 of us and close family.
    The will was sorted out, Solicitors came to the Hospice and did that for us.

    My husband sadly passed away 3 weeks later, much sooner than anticipated.
    Thanks everyone for their advice.

    Thanks for the update.

    I am so sorry for your loss. X
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Silvertabby
    Silvertabby Posts: 10,153 Forumite
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    My heartfelt sympathies.
  • Placitasgirl
    Placitasgirl Posts: 408 Forumite
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    Thank you for taking the time to come back and update us.

    I'm pleased to hear that his wishes, including your marriage, and the arrangements he hoped to put in were taken care of at what must have been a terrible time for you.

    My sincere condolences on the loss of your husband.
  • Mrs_Optimist
    Mrs_Optimist Posts: 1,107 Forumite
    Thank you for updating.

    I am sorry your marriage was cut short so cruelly, but am pleased that your Husbands dying wishes were met. My condolences for your sad loss.
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