Partner make a will or get married

dankerrysmum

Morning , I moved in with my partner last year , the house is in his name only , he has nearly finished the mortgage on it 
I’m worried that if anything happened to him that I wouldn’t have any claim to the house as he has no will .He has 3 children from a previous marriage ,would I be right in thinking the house would pass to them ? 
If we married would the house be passed to me as next of kin ? Or would we be better getting a will ? 
We are in Scotland 
many thanks 

jcuurthht

You should tell your partner to make a will leaving everything to his children. Although I assume that would be the default scenario anyway if he has no will.

DancingBadger

Based solely on the information you've given, the bottom line is, yes - if he were to die intestate his children would inherit his house.  Every relationship is different, of course, but most people wish to ensure their children inherit at least some of their assets, and where property is concerned that usually involves giving their partner or second wife/husband the right to live in their property until death, at which point the children inherit.

I sounds as if you and your partner have a lot to discuss - finances, marriage, children - so you can move forward in your relationship.

And sooner rather than later, both of you should make Wills, preferably drawn up by a solicitor rather than a will-writing company.

Clueless56

I believe that Scottish inheritance laws are prescriptive even with a Will, so your partner's children would be entitled to inherit a portion of his estate.  Someone will be along soon who has more knowledge.

Keep_pedalling

Your partner would be foolish to fail to make a will regardless of your marital status. If he dies I tested with you unmarried it will all go to his children, if the same happens after you marry the bulk would go to you.

What often happens in this situation is that a will is made leaving the bulk of the estate to the children but with the partner / spouse being left a life interest in the home. For tax purposes a life interest to a spouse or civil partner is better than a life interest to a partner, so making a will AND marriage my be the best option.

74jax

Do you have a Will for your children? If so, then maybe suggest you both update (or in his case make a 1st)at the same time. 

As you have 2,and he has 3, it will always be a little one sided, but you should still both be happy with what is decided. 

What contribution have you put in to the house to gain say 50% (if he were to leave 50% to you and 50% to his children?) When you moved in, what discussions were made about this, or did you move in and contribute nothing so have savings maybe? 

74jax

Do you have a Will for your children? If so, then maybe suggest you both update (or in his case make a 1st)at the same time. 

As you have 2,and he has 3, it will always be a little one sided, but you should still both be happy with what is decided. 

What contribution have you put in to the house to gain say 50% (if he were to leave 50% to you and 50% to his children?) When you moved in, what discussions were made about this, or did you move in and contribute nothing so have savings maybe? 

Marcon

dankerrysmum said:

Morning , I moved in with my partner last year , the house is in his name only , he has nearly finished the mortgage on it 
I’m worried that if anything happened to him that I wouldn’t have any claim to the house as he has no will .He has 3 children from a previous marriage ,would I be right in thinking the house would pass to them ? 
If we married would the house be passed to me as next of kin ? Or would we be better getting a will ? 
We are in Scotland 
many thanks 

Why doesn't he have a will? It's always a question worth asking because the answer can be surprising. Possibly he thinks your relationship isn't yet sufficiently established for him to want you to inherit? He wants his children to inherit and letting them do so by default will avoid an argument with you? He (wrongly) believes you'll inherit anyway?

Talk to him - and you both need to get wills made. Marriage isn't some sort of viable alternative - although a will + marriage can make life a lot simpler, especially when it comes to things like pensions.

BrassicWoman

dankerrysmum said:

Morning , I moved in with my partner last year , the house is in his name only , he has nearly finished the mortgage on it 
I’m worried that if anything happened to him that I wouldn’t have any claim to the house as he has no will .

Relying on someone else seems unwise. He could sell the house and blow it all in Vegas. Or on healthcare.

I think you both need to discuss proper financial planning for the future. Don't be reliant on his will alone; they are easily rewritten.

GSS20

If he dies intestate then his children would inherit everything. In Scotland children have legal rights to any moveable estate ie one half of a half of the estate therefore each child is entitled to 1/6th of his moveable estate regardless of the Will. As far as the house is concerned he can leave it to anyone he wishes to in a Will. You haven’t given any details of the relationship between father and children or yourself but if he really wants to leave you the house then he must write a Will or get married/civil partnership. 

elsien

Have you talked to your partner about any of this?
Does he want to get married? 
Given that you only moved in with him last year, he may feel it’s a tad early for you to be laying claim to his house. 
From the way your post is written the concerns are coming from you. Which is understandable but your partner may be in a different page entirely.