Mirror wills - no children

sleepymans

Spouse and I have mirror wills written about 10 years ago.
We were content that the surviving spouse would make a will after the first spouse dies, to reflect the surviving spouses preferred beneficiaries. And we still intend that would happen. 

When the wills were written we accepted that if by any chance the surviving spouse for whatever reason delayed or forgot to write a new will in time, the worst that would happen is that some nieces and nephews would inherit through the intestacy rules.

Things have changed slightly on my side of the family and the thought of my distant estranged relatives possibly inheriting is most certainly not my wish.
my question is, can I make a will now that could become valid only in the event of my spouse predeceasing me? If I die first I would still want him to be sole beneficiary. If he is already dead I have some important other beneficiaries in mind.

I will go to the solicitor to have it written properly, but don’t want to waste time if it’s not possible to do anyway.

I hope I’ve explained that clearly. Thank you in anticipation.

p00hsticks

sleepymans said:

my question is, can I make a will now that could become valid only in the event of my spouse predeceasing me? If I die first I would still want him to be sole beneficiary. If he is already dead I have some important other beneficiaries in mind.

It;s quite usual for a will to say that you leave everything to person A but if that person has predeceased you you leave it to A, B and C. A solicitor would normally take you through all the different possible scenarios to ensure that everything was covered, so really you simpy need to remake your existing will to cover both cases - where you predecease your husband or survive him.

Keep_pedalling

It should be perfectly possible to have a will drafted that makes sure your assets end up with the ultimate beneficiaries after your spouse has passed. An immediate post-death interest trust would be the obvious way. This would also cover both of you dying in the same accident.

Make an appointment with a solicitor to discuss your requirements and they will draft a will that meats those.

user1977

And generally, not a good idea to assume that the survivor will be able to make a new Will after the first of you dies - often that only happens after you no longer have mental capacity to make a Will. It's easy (and normal) to narrate what happens if beneficiaries die before you.