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    • Christmassparkle
    • By Christmassparkle 12th Feb 19, 12:26 PM
    • 24Posts
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    Christmassparkle
    Will I need a new will when I get married
    • #1
    • 12th Feb 19, 12:26 PM
    Will I need a new will when I get married 12th Feb 19 at 12:26 PM
    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.
Page 1
    • kazwookie
    • By kazwookie 12th Feb 19, 12:28 PM
    • 10,487 Posts
    • 127,638 Thanks
    kazwookie
    • #2
    • 12th Feb 19, 12:28 PM
    • #2
    • 12th Feb 19, 12:28 PM
    Go and see a solicitor and make a new will with your wishes.
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    • TBagpuss
    • By TBagpuss 12th Feb 19, 12:38 PM
    • 7,223 Posts
    • 9,461 Thanks
    TBagpuss
    • #3
    • 12th Feb 19, 12:38 PM
    • #3
    • 12th Feb 19, 12:38 PM
    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.
    • Christmassparkle
    • By Christmassparkle 12th Feb 19, 1:01 PM
    • 24 Posts
    • 0 Thanks
    Christmassparkle
    • #4
    • 12th Feb 19, 1:01 PM
    • #4
    • 12th Feb 19, 1:01 PM
    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
    • By Mary Bing 26th Mar 19, 6:48 PM
    • 17 Posts
    • 1 Thanks
    Mary Bing
    • #5
    • 26th Mar 19, 6:48 PM
    • #5
    • 26th Mar 19, 6:48 PM
    Well, you have to discuss it with your solicitor.
    • Mojisola
    • By Mojisola 26th Mar 19, 7:59 PM
    • 30,709 Posts
    • 78,685 Thanks
    Mojisola
    • #6
    • 26th Mar 19, 7:59 PM
    • #6
    • 26th Mar 19, 7:59 PM
    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
    Originally posted by Christmassparkle
    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
    • By Malthusian 27th Mar 19, 9:29 AM
    • 5,628 Posts
    • 9,322 Thanks
    Malthusian
    • #7
    • 27th Mar 19, 9:29 AM
    • #7
    • 27th Mar 19, 9:29 AM
    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
    Originally posted by Christmassparkle
    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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