Wills and Marriage

aardvaak

I recently got married can someone please tell me if my will made several years ago (ie before marriage) is now obsolete whilst we are in the process of making new wills in the mean time if either of us die would the my wife or vice versa inherite all of the estate?

I thought I heard somewhere that on marriage prior wills don't count.

Does the estate automatically pass to the surviving spouse?

margaretclare

Hello

You both need to remake your wills. Your previous wills have been invalidated by your marriage.

Margaret

aardvaak

margaretclare wrote: »

Hello

You both need to remake your wills. Your previous wills have been invalidated by your marriage.

Margaret

Thank you for your reply we are remaking wills but in the mean time - Does the estate automatically pass to the surviving spouse should one of us die?

margaretclare

aardvaak wrote: »

Thank you for your reply we are remaking wills but in the mean time - Does the estate automatically pass to the surviving spouse should one of us die?

I don't know. Hopefully one of the legal experts will come along and answer.

I must admit, it was not something that occurred to us when we got married. We knew all previous wills were invalidated, but it didn't occur to us that we might die while on honeymoon!

Margaret

seven-day-weekend

If you die 'between wills' you will be intestate. Here are the rules of intestacy:

http://www.trethowans.com/resources/flowchart%20rules%20intestacy.pdf

Mollymop5

Hi, I have just checked out the link above and now am really worried about my mum.
She has been living with her partner for 26 years.Neither of them have wills. The house is in his name (there's no mortgage on it).
He has 3 children from a previous marriage but only gets on with one of them. Am I right in thinking that should anything happen to him my mum will have nothing and the 3 children share things equally?
What is the law for common law partners? Would she have a claim?

localhero

Hi Charmoljak,

Yes you are right. Your mother won't be entitled to any part of her partner's intestacy.

The law doesn't recognise the words 'common law' but since she is living in his house she will be a dependant, and will be entitled to make a claim against his estate.

This course of action is expensive and the outcome is uncertain. It is vital that they make Wills - particularly her partner.

diesel9181

theres differences between scotland and england regarding wills. i think in scotland you cannot exclude a spouse or children regardless of what is written in the will (unless you maybe die somewhere else) but i think that is only applicable to the moveable estate and not property

seven-day-weekend

charmoljak wrote: »

Hi, I have just checked out the link above and now am really worried about my mum.
She has been living with her partner for 26 years.Neither of them have wills. The house is in his name (there's no mortgage on it).
He has 3 children from a previous marriage but only gets on with one of them. Am I right in thinking that should anything happen to him my mum will have nothing and the 3 children share things equally?
What is the law for common law partners? Would she have a claim?

Your mum's partner and your mum should make wills immediately as she will get nothing from his estate if he dies intestate (and vice versa).

There is legally no such thing as 'common law' partner.

margaretclare

charmoljak wrote: »

What is the law for common law partners? Would she have a claim?

There has never been any such thing as a 'common law marriage' in England, although I believe that there was in Scotland.

This is one of those misapprehensions that keeps on circulating.

Is there any particular reason why your Mum and her partner haven't got married?

If he died intestate then AFAIK his estate would go to his 3 children, whether he gets on with them or not. His female 'partner' - your Mum - could end up with nothing, not even a roof above her head.

Margaret

Mollymop5

They just never saw the need too.I believe her partner also believes that by making a will now he's just tempting fate for something to happen.silly I know but that's his belief.