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Do we need a will if we are married?

(9 Posts)
GoingUpInTheWorld Thu 29-Aug-13 20:39:06

Just that really

scaevola Thu 29-Aug-13 20:41:22

Yes. You might die together and you need to specify what you want to happen to your estates after second death, and also make provision for any DC (guardians, trustees) in those circumstances.

GoingUpInTheWorld Thu 29-Aug-13 20:46:00

If dh died first, would i automatically have everything go to me?

GoingUpInTheWorld Thu 29-Aug-13 20:46:45

Or vice versa

AnnoyingOrange Thu 29-Aug-13 20:53:57

Advice from CAB

Married partners and civil partners

Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy. But partners who separated informally can still inherit under the rules of intestacy.

If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the partner will inherit:

all the personal property and belongings of the person who has died, and
the first £250,000 of the estate, and
a life interest in half of the remaining estate. This means that if you are entitled to the life interest, you cannot get rid of or spend that part of the estate. You can, however, have the benefit of it during your lifetime.

More here www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

prh47bridge Thu 29-Aug-13 23:59:41

As AnnoyingOrange indicates you would not necessarily automatically inherit everything if he dies without a will. If you have children the estate would be divided as AnnoyingOrange says. If you don't have children you would get £450,000 plus half the remaining estate. His parents or, if they are dead, his brothers and sisters (or their children) may inherit some of the estate.

sicutlilium Fri 30-Aug-13 00:57:39

Useful flow chart here: www.justice.gov.uk/downloads/courts/probate/probate-guide.pdf

bachsingingmum Fri 30-Aug-13 13:47:52

Yes, and if the estate that doesn't go to the surviving spouse is above £325k, even where it goes to children under the intestacy rules, then inheritance tax will be payable. There was a horrid case a few years ago where a bereaved mother with young children was having to sell the family home to pay tax because her husband hadn't made a will.

HRHLadyG Fri 30-Aug-13 13:53:26

We are in the process of redoing ours and think its important. Your Will can also include Funeral arrangements, Guardians for children in the event that you both die simultaneously (which may also require alternative financial arrangements. You may also want to look at creating a Power of Attorney, important if the estate is withheld or if you have a serious accident and require your Husband to access your private info ie Bank Accounts. X

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