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Legal, pensions and money

Will ( husband is step parent, what happens if he remarries or cohabits)

(35 Posts)
susangriffiths99 Wed 16-Mar-16 14:34:16

I have four children and am married for the second time. We initially made a will saying everything goes to my husband if I should die first and the other way round should he die first. Then everything goes, equal shares, to my four children as my husband has no children.
People, including my financial advisor, have now told me that this is not clear enough, if my husband should marry again or live with a partner they could have a claim on what would be my money.
I brought most of the money to the marriage, my husband left his first wife with two houses and most of their money only taking fifty thousand pounds. I have told him we need to redo our wills but he says I have to trust him and changing them would be costly. I do trust him but am still worried as it's not him but the other person involved and her children who could cause the trouble and make claims. Has anyone else had this problem please and how did you resolve it?

Jalima Tue 22-Mar-16 16:06:08

You could go the charity route Galen (did I put a link on earlier?)
Unless it is very complicated

freewillsmonth.org.uk/

I would never trust free will-making, even if done through a charity, they would want to do it at minimum cost to themselves.

M0nica the charity didn't do our wills for us; we went to our normal solicitor whom we would have used anyway, one we have used for the past 30 years and an extremely reputable local firm (in fact the local firm, established for 175 years). They are fairly straightforward 'mirror' wills and I don't think the charities would fund anything more complicated.
We left an amount between us to a charity which would probably be the sum two mirror wills would cost.

Jalima Tue 22-Mar-16 16:07:39

Oh, just checked, we did leave them more than they would have cost.

susangriffiths99 Mon 04-Apr-16 21:13:01

Thank you again to everyone that has commented, when everything is sorted I'll post a comment to let you know what the solicitor recommended and what we have done.

Floradora9 Tue 05-Apr-16 15:41:57

Interesting here in Scotland remarriage does not cancel a will already made and the children cannot be cut out they get the following.....
Bairns part is a Scottish law in which all children had a right to an equal share in the decedent’s estate. Under bairns part a third of a decedent's estate will go to his child or children. If there was a widow, a half, will go to his child or children.
I think by estate they mean movable estate not the house . I know of only one person who has claimed this sadly his dad ( he was illegitimate ) left nothing to claim from. If you read Alan Cumming's book he and his brother claimed as their abusive father had left them out on purpose .

rubylady Wed 06-Apr-16 03:05:20

susan Can't you just give them the money now that you wish your children to have?

seasider Wed 06-Apr-16 06:24:43

When we bought our current property we took a mortgage in DP' s name only because I still have a mortgage on a property I owned when we met. I have been the major earner for years and kept us going when DP was out of work. The building society said I could not be on the deeds as not on the mortgage though I do have a restriction on the property. We know we need to.make wills but what would happen if we fell out in the future and DP changed his without me knowing?

iaincam Wed 06-Apr-16 10:09:32

Seasider, you do have an equitable claim on the property, protected by your restriction on the title. I would recommend a simple trust deed or even a letter each signed by both of you making your intentions clear that you own the property jointly. Going forward you should consider owning it as tenants in common and have wills made that give each other the right to remain in the property, but on second death directing where each share goes (yours to your children etc.) You also need to consider the second property and other assets.

Wendysue Fri 08-Apr-16 08:21:34

Susan, have you sorted things out yet? What did you decide?

If you haven't, like Ruby, I'm wondering, how about just giving your children the money you'd like them to have while you're still alive?

Seasider, that sounds like a complicated problem to me! Iancam seems to have some good ideas though.

Do you have kids? Is that why you're concerned about DP possibly changing his will? You're another one who may want to think about giving money out before you pass away or deeding your other property to your kids, at some point.

iaincam Wed 13-Apr-16 10:35:11

Sadly elegran is incorrect about joint accounts. On first death the assets held jointly pass to the survivor automatically and not through the Will. Half of the value is subject to inheritance tax, but all of it passes to the last man standing and then through their Will to whoever they like.