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New marriage, where does that leave my family?
Comments
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neverdespairgirl wrote: »Dont' forget, though, that a will become invalid on marriage unless it's made in contemplation of a forthcoming marriage. So get it done by a solicitor, and explain that you are marrying.
Why should a valid become invalid on marriage? Daughter has made a will leaving everything to brother and she plans to get married next year. Does that mean her current will be invalid and is he does not make another one, everything goes to her husband? Thanks0 -
If she doesn't make a new will, she will be intestate after marriage, them's da rules.
That's unless the will clearly states it was made in contemplation of that specific marriage....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
Well, you could just not get married and protect your assets??
I'm so cynical! Have you mentioned your concerns to future hubby?? Is there any reason why he would not carry out any Will provisions?0 -
Her will was written before she met her future husband and since we are going to help her to buy a house with her brother. We want the share of her house to go back to her brother unless there will be children involved.0
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margaretclare wrote: »What's the problem with your Dad? Please clarify a little bit!
Sorry about that, I wrote it after my 1st glass of wine after working a 70 hour week... never my most lucid of times...
Pop Phirefly's eloped to the south coast with a god botherer taking his inheritance from Grandpop Phirefly's (modest) life savings with him.
I maintain that I intend to make my own fortune so its no big shakes to me, but other members of my family are a bit narked to say the least....0 -
margaretclare wrote: »What's the problem with your Dad? Please clarify a little bit!
HMRC has rules of intestacy which are clearly set out. Spouse, sons and daughters, then grandchildren...if there is NO heir, then the whole estate goes to the Crown.
Incidentally, in response to an earlier poster, we chose to put title to this property as joint tenants and not tenants-in-common which has been recommended. There were good reasons why we did this. Whichever of us survives has full use of this property and all assets, 100% for his/her lifetime, and on the death of second survivor it all gets turned into cash and distributed equally among our named beneficiaries. That's the way we wanted it. We didn't want to leave half to somebody else.
Margaret
Margaret can I ask a question, how have you safeguarded the beneficiaries of the first partner to die? Our house is as Joint-tenants and OH wants it to stay that way but I am concerned that there may actually be nothing left for my kids to inherit as OH has only mended his spendthrift ways:eek: under my guidance... and I do worry that he may revert without my hand on the tiller:rotfl: ... I guess your answer would be to change the deeds to tenants in common but he doesn't want that ... its difficult to bring the subject up tactfully
#6 of the SKI-ers Club :j
"All that is necessary for evil to triumph is for good men to do nothing" Edmund Burke0 -
Well, you could just not get married and protect your assets??
I'm so cynical! Have you mentioned your concerns to future hubby?? Is there any reason why he would not carry out any Will provisions?
Haven't mentioned concerns yet. We've only just talked about getting married, and nothing much has been discussed up to now. I don't really like bringing up the subject of wills but I know it's necessary.0 -
Why should a valid become invalid on marriage? Daughter has made a will leaving everything to brother and she plans to get married next year. Does that mean her current will be invalid and is he does not make another one, everything goes to her husband? Thanks
Marriage invalidates any Will written prior to it
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Her will was written before she met her future husband and since we are going to help her to buy a house with her brother. We want the share of her house to go back to her brother unless there will be children involved.
It shouldn't be a "we", it's her property, and her will.
Nevertheless, whatever she wants to do with it, she will be intestate after marriage unless and until she makes a new will, as her will wasn't written in contemplation of marriage....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
Cute_n_Quirky wrote: »Marriage invalidates any Will written prior to it
UNLESS the will is clearly written, and says it is so written, in contemplation of marriage....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0
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