Will - Married (2nd time, no kids), adult kids from 1st marriage, all assets held jointly - DIY?

msb1234

 I would also consider that if you die second but one of your children has already died, that their share of your estate goes to their children, not your other child. 

getmore4less

msb1234 said:

 I would also consider that if you die second but one of your children has already died, that their share of your estate goes to their children, not your other child. 

Unless a will explicitly excludes section 33 of the  wills act that is the default.

MikeFloutier

Many thanks guys, makes perfect sense; also a great example of coming to recognise my need to know more.

Thank you!

https://www.willwriters.com/blog/section-33-of-the-wills-act-1837/

Savvy_Sue

In the provisions for an adult child pre-deceasing you, you might want to make provision for trustees for the inheritance of any under 18 child of theirs. 

macman

RAS said:

We have to assume you are divorced from your previous wife? If so, unless you are currently supporting her financially she has no claim, but at least a will would make this explicit.

Unless the OP is a bigamist, I think that's a safe assumption.

getmore4less

macman said:

RAS said:

We have to assume you are divorced from your previous wife? If so, unless you are currently supporting her financially she has no claim, but at least a will would make this explicit.

Unless the OP is a bigamist, I think that's a safe assumption.

They could have died, important as it introduces transferable nil rate bands.

Not clear in the opening post which just said married 2nd time.

TBagpuss

Your ex wife isn't an issue in that any provision for her in any ealier will will have endedautomatically on divorce, and your marriage to your current wife would revoke any arlier will in any case.

If you and your ex wife had a finacial order then this would usually also include an express provision stating that neither of you could make any aliam under the inheriatnce acct against the others estate. If your finacial order didn't include that or you had no order then in theory she could still make a claim against your estate but it's probably fiarly unlikely assuming you have been divorced for some time.

However, as others have said, it would be sensible to get proper dvice about your will as if you were ti die, your wife could change her will and leave eveything away rom your childnre, and if she remarried following your death then her will would be revoked on marraige and her new spouse would inherit under any intestacy, her step-children would have no claim. 

Of course, you and he might feel that that would not happen, or that she would ensure that she made a new will in those circumatances to ensurethat the step-children (or grandchildren) still inherited, but it would be netirely dependent on trust and people do put things off or overlook  the effects of marriage on wills all the time, so even with the best of intentions there might still be issues. 


you may also ant to consier things such as ensuring that you have appointed appropraite trustees to look after money for any minor grandchildnre in the even of any of your children dying before you, and it would be a good idea to think about getting Powers of Attorney set up as well as the wills so they are in place if/when needed. 

Savvy_Sue

TBagpuss said:

Of course, you and he might feel that that would not happen, or that she would ensure that she made a new will in those circumatances to ensurethat the step-children (or grandchildren) still inherited, but it would be netirely dependent on trust and people do put things off or overlook  the effects of marriage on wills all the time, so even with the best of intentions there might still be issues. 

Absolutely, there are some heartbreaking tales of those who have started to lose capacity, who have been persuaded into marriage without their families knowing, and the new spouse gets the lot. However many questions are raised about whether the officiating registrar should have queried capacity, once it's happened, it's often too late.