Solicitor said "You have to keep him" about the fiancé in the Will.

Keep_pedalling

Emmia said:

bobster2 said:

Emmia said:

Hoenir said:

Lord_Frugal12 said:

A female friend is trying to have her Will written professionally by a solicitor. She has been living with a man for over five years. They are not married. But, the male describes her as a 'fiancé'. But the male has rejected all plans to get married. 

What does this have to do with the drafting of her will?  Are we getting the full story as what as to the instructions that were given to the solicitor.  

I was wondering if there is something cultural/religious about this - I'm not sure why the male partner is "involved" in what she puts in the will unless there's some sort of "mirror will" intention...

OP hasn't mentioned the partner being involved. It just seems that female friend told the solicitor that she has a "fiancé" - so solicitor is recommending standarding wording "in contemplation of marriage" which may not benefit the "fiancé" at all.

I'm not sure they really are fiancés - one of them doesn't apparently want to marry, so there's no need for a will in contemplation of marriage. The friend can still make a will leaving it all to the boyfriend, or the cats home or whatever.

I put "involved" in quotes for a reason, as I sense there's some influencing going on...

Honestly I think the female friend would be better finding a different solicitor.

Or a different boyfriend 😈

Keep_pedalling

pjs493 said:

Another thing to consider with the contemplation of marriage clause is that the marriage has to take place within a reasonable period of time. If they consider themselves engaged but have no intention to marry, it might be deemed that the clause expires if 20 years down the line they’re still not married. It all depends on who stands to benefit from her Will. 

I don’t think it matters, if they are still not married at the time of death that clause does not effect the outcome, and if the death occurs a day after they get married 10 years later I can’t see anything in the 1837 act  that specifies any time restriction so the clause should still be valid.

https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/18

boingy

I don't think there is anything sinister in that clause in the will but I can see why the OP's friend might be a little sensitive to it! 

There are all sorts of reasons for couples to get engaged without having plans to marry in the near future, or even at all. Back when I was (much) younger my cousin got engaged because it made his parents happier when he moved into a flat with his girlfriend. They had no intention of getting married but it made the cohabiting more "respectable" in the eyes of their families. 

Back when my girlfriend and I bought a house together the solicitor posed the delicate question about whether we planned to get married, which was a little awkward because it was something we had not discussed. What he was really asking was whether we wanted to be Joint Tenants or Tenants in Common. But it worked out OK. A year or two later the foolish girl agreed to put up with me for the rest of her life and has managed to do so thus far.