Do I need a new Will?

WYSPECIAL

Having recently married I am adding my wife to the title deeds of my house which I owned before the marriage and we now live in as our main residence. This wasn't something we had previously thought about as she owns another property that was her home before we started co-habiting.

My current Will states "Upon my death I give my interest in the property known as xxx or any other property that is my sole or main residence at the time of my death (“the Property”) and all contained possessions not otherwise gifted in this Will free of any inheritance tax to my trustees to hold on the terms of the following Property Trust" It then goes on to name her and about when the trust ends if she dies, goes into a care home etc.

As it uses the term "my interest" is this Will still ok? The only thing that is changing is the size of my interest and the current Will seems to be future proofed if we move house at some stage.

otb666

I believe you need to make a new will and also remember to change your expression of wish form for pension and ISAs

Blessdays

I’d still get the will reviewed now that your wife is being added to the deeds.

The wording around “my interest” may well still work, but it’s probably worth checking that the trust provisions still operate as intended now the property ownership is changing.

Hopefully just a quick review/update rather than needing a completely new will.

Rodders53

AIUI any Will is invalidated by Marriage - unless written expressly in contemplation of Marriage. So you both need new wills, I suspect.

Congrats btw.

badmemory

I certainly thiought that a marriage would cancel any previous will, unless the will was made in anticipation of the marriage. Any t&cs may have got cancelled by the marriage.

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/81989906#Comment_81989906

Thank you.

My current Will was made in anticipation of the marriage and states not to be invalidated.

sheramber

will you be joint tenants or tenants in common?

WYSPECIAL

Thanks. Expression of wishes forms should be ok as it is just the ownership of the house that is changing.

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/81989912#Comment_81989912

The current Will was made before we married but has all the details and states not to be invalidated. The only thing changing is we will be tenants in common of the house we live in so "my interest" will have diminished.

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/81989914#Comment_81989914

Tenants in common as ultimately we will each wish to leave our share to our children.

We both have children from previous relationships but none together.

Markdavid1962

Just my thpughts, once your wife is added to the deed, does she not need a new will. In the event of her passing who receives the 50% of the property !!

My wife and I did mirror wills, kept it simple. I believe once you get married you will both require new WIlls