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Mum marrying someone whilst terminally ill - family don't trust him. What rights does he have?

(9 Posts)
sprinkletree Mon 17-Nov-14 15:24:01

Mum is terminally ill, will hopefully be coming home for last few weeks. Her long term partner wants to marry her very soon. He has become increasingly controlling - trying to stop access to her. Holding it over people (i.e. I can kick you out if i want to... not that i will but i can because i'm her next of kin), trying to manipulate her into leaving him specific things. She doesn't see this and we are trying to protect her from family issues as much as possible. He isn't always like this, although has always been entirely pig headed and frankly, a little odd. She wants to leave him absolutely nothing and for everything to go to her children. She said that she doesn't mind him staying in her house for a little while after she's gone. I'm scared. He has becoming increasingly needy and controlling with her, telling people he'll be the only one there when she dies etc. She doesn't want this but he has been trying to do things 'for her own good' when she is unable to make her own decisions. Always thinks he is right etc. Putting us in a position where we can't disagree with him or he will have us removed. If they marry, he will automatically inherit half of her house, correct? She has it in her will that she wants it all to go to her son and we all know this, but what will happen if she marries? He won't stop jointly owning the house once she's died, surely? I am getting really concerned by his escalating behaviour.

MovingOnUpMovingOnOut Mon 17-Nov-14 15:27:40

In England and Wales upon marriage the spouse gets everything. If you mum wants it to be different she will need a new will drawn up after her marriage because marriage will cancel out the old one.

How is he her next of kin any way? If they're not married he isn't!

MovingOnUpMovingOnOut Mon 17-Nov-14 15:28:13

Who owns her house now?

Yambabe Mon 17-Nov-14 15:30:30

If she marries him all previous wills are no longer valid and he inherits everything unless she makes a new one after the marriage.

SweetsForMySweet Mon 17-Nov-14 15:40:51

Depends on the inheritance laws where she is living but if they marry he is very likely to inherit half of everything.He may be able to contest the will if they were married after she made it. She should seek advice from a solicitor who specialises in family law and inheritance

Rosa Mon 17-Nov-14 15:41:48

Sorry about your mum is she 'sound of mind' ? Sorry to ask but this might help if any decisions are made and she is 'not' IYKWIM.

MrsSquirrel Mon 17-Nov-14 16:01:26

She doesn't want this but he has been trying to do things 'for her own good' when she is unable to make her own decisions.

Why is she unable to make her own decisions? Is it due to her illness? Or some other reason?

Sinkingfeeling Tue 18-Nov-14 00:18:40

'Next of kin' is a term which is used very loosely and has no legal standing at all. Your Mum and her partner could apply for a Registrar General's licence to be married, which is granted only in cases where one party is so ill that they are not expected to recover and are too ill to be moved to a place licensed for marriages (so the wedding would usually take place at the bedside in a hospital or hospice). A doctor would have to write a letter confirming the terminal illness of one of the parties and stating that he or she believes the patient has understood the import of marriage (i.e. is of sound mind). If you believe that your Mum is being pressured into a possible marriage, please talk to the medical staff about your concerns.

tb Tue 18-Nov-14 19:58:06

A marriage doesn't invalidate a will if the will states that "it has been made in contemplation of marraige" as far as I am aware.

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