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

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.

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.

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.

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?

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

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 .

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.

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

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.

Just been on the phone to my solicitor to remake my will. They're going to charge £325! I think that's terrible.

Just goes to show what can happen when you don't, unfortunately.

But sad to say they didn't

Both he and his wife should have made Wills before they died.

The dad of a friend of ours died first and all his estate went to his wife. Their only child (our friend) grew up and his mum remarried. She died soon after her second marriage and all her estate went to her second husband then to his family from a previous marriage. The only child (our friend) did not inherite a bean from either his mum nor his dad. What's to say about that

We (second marriage) bought our house as 'tenants in common'. We have a joint bank account for bills but other than that, we have our own accounts. My savings go immediately to my children and my husband's go to his. My proportion of the house goes to my children and his to his children. The surviving person has the right to remain in the house.

Just one thing to add, you cannot insist that someone does something after your death e.g. has you cremated, so it is important you give your children what you want them to have when you die as your cannot insist your husband does it later.

We paid £300 to have both wills written then £100 a few years later to amend both.

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

The only way to be sure you have a will that respects all your wishes and achieves the desired outcome, particularly in these days of complicated families, is to get it drawn up by a solicitor who specialises in wills and probate. This will cost money, although £1,000 sounds a lot. There is no alternative.

Just checked (it was ages since we did them) and it was to Cancer Research and it was for mirror wills, so if your will is more complicated I'm not sure if you can use the service.

freewillsmonth.org.uk/

Our wills cost us nothing because, if we left a certain sum to a cancer charity, we could have them done free by a local reputable solicitor. You could choose how much to leave as long as it was £100 or over. I'm not sure if that is still an ongoing offer.

Well, maybe I'm wrong re the cost. My memory isn't what it used to be.

You could word the will so your share of the house and the money is left in trust for your husband so he could live in the house for his lifetime and, if necessary, he could receive the income from the investments but not the capital. On his death your share of everything goes to your children. As others have said, see a solicitor, protecting your assets for your children isn't showing distrust for your husband.

£1000? That's extortionate.

We both had separate Will's made. Plus LPAs for Health & Welfare, and Finance (4 in all) plus had the LPAs registered (all four) and it didn't cost us anywhere close to that.

£1000 to write a will!!!

All it is, is about you have a say and make sure that your children - biological or step - get your share of the accumulated assets when you are no longer around. So it's about peace of mind for you, and sending a message to your children that you care about their welfare.

We just did all of this the joint tenancy and all that - so now I will rest assured that should I pop my clogs the inheritance for the offspring is "ring-fenced" .

I got the "Don't you trust me?" question from my husband too, and replied "I trust you, but I don't trust .... and named at least three friends and acquaintances... that I know would be lined up should you become a widower!" And I'm not joking. He just rolled his eyes and signed. It cost us about £1000 I think but it was worth it.

Yes, it would need to be carefully set up, especially regarding the house.