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

(34 Posts)
susangriffiths99 Thu 17-Mar-16 14:36:01

Jalima, thank you for the link, it helped to read the consequences for remarriage etc.
I will be getting in touch with my solicitor as in addition to the investments belonging to me our house is jointly owned although bought with my money. As you say, I need good legal advice.

Jalima Wed 16-Mar-16 19:51:24

A will becomes invalid upon marriage, doesn't it? So, if anything happened to you and your husband inherited, then he re-married his old will becomes invalid.
www.thisismoney.co.uk/money/experts/article-2409754/Is-true-getting-remarried-invalidates-will.html

It would also make a difference if you own your home as joint tenants or tenants in common.

You need careful legal advice if you do not wish your children to be disinherited.
Of course, it may never happen - you may outlive your husband smile. But you can't be sure of that.

susangriffiths99 Wed 16-Mar-16 17:36:47

Many thanks to everyone who has commented, it's the first time I've used the forum.
Your overall response has put things into perspective, don't think I was seeing the wood for the trees!
Pippa000, you are correct as is Ellegran we both have our own wills and it would only be mine that would need to change, I was thinking we both would have to make changes. The cost wouldn't be a problem and I would be much happier knowing everything is clearly written in black and white.
Tanith, that's interesting, I will enquire about a new will and see which option is the cheapest.
Elegran, the joint account is only for bills etc, we both have separate accounts of our own and the investments are in my name. They will become my husband's if I die first. The house is our own, I bought our first home outright, our present house was bought with money from the first house being sold before we moved. Again a fair amount of money involved.
Next step is to contact my solicitor and arrange a meeting to discuss the next step.
Thank you all again, I'm thinking much more clearly now.

Elegran Wed 16-Mar-16 15:33:34

You say "We made a will . . . ." but you don't really mean that, do you? Surely you mean that you each made a will leaving everything to the other, and so on?

If you have a joint account, then half of what is in it is yours to leave as you wish, and half is your husband's to leave how he wishes.

M0nica Wed 16-Mar-16 15:04:27

Absolutely agree with Pippa000

tanith Wed 16-Mar-16 15:03:08

It is actually usually cheaper to write a new will than update an existing one. I would certainly make a new one if I were you that will negate the old one anyway.

WilmaKnickersfit Wed 16-Mar-16 15:03:05

I think you have good reason to be concerned. If you die first and your husband remarries, then dies before his new wife, I'm not sure your wishes will be upheld. It will depend on the wording of your wills. Someone will be around on here who will have a better idea.

Pippa000 Wed 16-Mar-16 14:57:12

I assume you have your own will? Why does your husband need to agree to you changing it? I would tell him that you are not happy with the way it is worded and are concerned that your children may not benefit as you wish, then go ahead and get it updated to reflect exactly what you want. I am sure the cost will not be prohibitive and will put your mind at rest, which in my humble opinion is worth the money.

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?