DH left me NOTHING in his will – devastated and fuming

How has this will suddenly surfaced and who were the intended executors?

Presumably you’ve been the recipient of any life insurance and his pension?

Is others any life Insurance or pension?

That is often paid outside the estate and at the discretion of the trustees.

So even if it said -pay my older kids-if that was done 20 years ago and he had since married and had young kids they'd over ride that.

But he hasn't put you in any situation OP! He married you and by doing so he protected you so stop being angry against the poor man and remember him as the good man I hope he was. You are protected as other posters have explained to you. So are your children and normally his children too; they will share 50% of the money left after the 320 k have gone to you. So let's say he leaves 620 k. 320 goes to you. Then you get 150 k (50% of 300) and his 2 children and your 2 split the 150 k that rests.

You also need to check any life insurance, death in service and pensions come to you to enable you to support your dependent children. My named pension beneficiary had a 20 year old address until I updated it recently but I believe the name is advisory anyway. When the dust has settled update your will and consider leaving a share to your stepchildren.

Under the Rules of Intestacy, I think you get the first £322,000 and anything over that is split 50/50 between the spouse and the deceased's biological and adopted children.

Also worth checking if he had any life assurance policies OP. I'm sorry for your loss but hopefully the outcome of this isn't anything like you feared.

Hopefully people reading this will talk about Wills with their loved ones too

There’s little point being angry with the dead although it is part of normal grief process.
As previous posts have said get some legal advice- even if the will has not been made invalid by the subsequent marriage it may be possible to contest it if you are not provided for adequately

The will is invalid.

Absolute rubbish.

Terrible advice like this is why you need to see a solicitor asap OP. Try not to worry, it'll get sorted in your favour.

My dh is useless with stuff like this and this is something I can see him doing. He doesn't have other dc's though! I'm sure it was an oversight on your dh's part - I find a lot of people bury their head in the sand about dying.

In England and Wales if he doesn't have a valid will then all of the deceased's children will receive a share.

Intestacy rules will apply

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/yes/after-jul-2023/yes

are any children of his under 18?

My husband's daughter was left in a mess because her partner - 20 yrs her senior - hadn't made a will. They'd been together about 16 yrs, but he had thought he had 'plenty time' to make provision.

She had to go to court to make provision for their child. It was complicated, because he had an ex-wife.

Just found this though so get legal advice (especially as there are children from 2 different relationships). I've added this because I just saw the estate exceeds £322,00 (this is assuming you're in the UK, I think)
If the estate is valued at more than £322,000 , the inheritance is divided between the partner and the children. If the estate is £322,000 or less then the children don't inherit. The partner inherits: all the personal property and belongings of the person who has died.

Apply for letters of administration NOW.

@jackmd5 then the very specific rules come into play with intestacy. You need legal advice as it won’t be you that decides

Again, check your home insurance! It's likely that you can get free advice in the next ten minutes if you have a free legal helpline!

Like I said, I'm evangelical about this. SO many people don't realise they have this option. I was two months into my legal nightmare before I found out!

In England the marriage invalidates the previous will.

Even if he made a new will leaving all to his adult DC you could contest. You would be entitled to fair provision as his wife and having younger kids - you would likely have had a claim to some as you would have had you divorced.

You need to see a solicitor, establish that most will be coming to you (I think but am not sure that intestate rules may now apply). And consider what you think he would actually have wanted at the time of his passing.

It's unlikely his adult children will be left with nothing as it sounds like the intestacy laws give them... actually quite a bit. So I wouldn't waste time on feeling guilty or feeling sorry for them. I am worried for you that your home is only in your husband's name, and based on what people have written about how things get divided up when there isn't a Will, it's still possible you might end up being unable to stay in your home. Your husband's failure to update his Will means he didn't look out for you. You getting a share of his assets is purely by accident of whatever intestacy laws currently are on the books. You have every right to be angry with your husband, even though you can't argue about it with him now.

I also would not necessarily rule out the possibility that he made an updated Will after he married you, and left it with his kids. Or, that they'll fight the intestate distribution of assets and try to wear you down by you having a lack of liquid cash to fight for your rights legally.

You say you have children. I presume they are minors? Are they also your husband's children?

Is the house and/or any of the savings in joint names?

Because if so, that is automatically yours and not part of the estate.

I hope this works out for you and gives you security, OP. And I also hope that you'll bear in mind that you'll be inheriting your step-children's family money - maybe some has come from their grandparents or great-grandparents as well as their father - and do the right thing by them, even if you're not on the best of terms. I imagine it will be extremely upsetting for them to find out that their father didn't update his will to recognise them, just as it was for you when you discovered this.

I’m pretty sure your husband assumed (correctly) that the marriage would entitle you to at least half, if not all. He absolutely did not intend to slight you with a will that was written long before you were even in the picture. He married you to ensure you had protection, and you do.

Time to take a deep breath, stop thinking or assuming badly of him, and contact a solicitor to have everything ironed out properly.

Marriage is more important than people think.

OP, I'm sorry for your loss.

I'd guess most people know that marriage makes old wills obsolete but perhaps your husband was telling his kids that he had sorted things so that they would get the house. Have you another 'neutral' family member who could speak to them about it. If the house was their old family home they might be thinking it would have been ring fenced for them.
It might be a thought to give some money to your husbands children's kids if they have them. Depending on your situation of course.