Will I need a new will when I get married

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Christmassparkle
Christmassparkle Posts: 24 Forumite
in Marriage, relationships & families
I hope someone can offer me advice. I am due to remarry and we have a child together. I have 3 adult children. The house is in my name and it was transferred to me on divorce settlement from my older 3 children's father. My partner has 2 adult children who have no contact with us only their father. My partner transferred their marital home to his ex wife in their divorce settlement.
How do I go about ensuring that if I die before my partner the house is protected for him to live in and he has a share in it and the rest goes to our child and my 3 children.

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  • kazwookie
    kazwookie Posts: 13,842 Forumite
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    Go and see a solicitor and make a new will with your wishes.
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  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    Yes. Any existing will is revoked by your marriage.
    Your solicitor will be able to advise you.

    You may also want to consider whether a pre-nuptial agreement might be appropriate.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Christmassparkle
    Christmassparkle Posts: 24 Forumite
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    Thankyou. I thought as much. I am hoping to leave the house in my will as 70 per cent between the 4 children and 30 percent my husband to be. Hoping that is a possibility x
  • Mary_Bing
    Mary_Bing Posts: 18 Forumite
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    Well, you have to discuss it with your solicitor.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Christmassparkle wrote: »
    I am hoping to leave the house in my will as 70 per cent between the 4 children and 30 percent my husband to be. Hoping that is a possibility

    As the house is his only home, he could contest such a split - a spouse is expected to provide for their widow/widower in their will.

    You may have to give your husband a life interest in your children's share so that he can stay there.
  • Malthusian
    Malthusian Posts: 10,941 Forumite
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    Christmassparkle wrote: »
    Thankyou. I thought as much. I am hoping to leave the house in my will as 70 per cent between the 4 children and 30 percent my husband to be. Hoping that is a possibility x

    As Mojisola says that does not meet your objective of "if I die before my partner the house is protected for him to live in and he has a share in it and the rest goes to our child and my 3 children". Unless the husband successfully contested it, the children could, and probably would, force a sale of the house after your death and your husband would get 30% of the proceeds to help him find a new home elsewhere.

    A life interest in the house would achieve that. Your solicitor will advise you further.

    The Will needs to be explicitly made "in contemplation of marriage" and you will actually need to get married within a reasonable timeframe of making the Will. If you make a Will and then put off the wedding for 2 years so you can save up to get married in Barbados, the Will would potentially be invalidated on the eventual marriage.
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