Would my mum be better off getting married?

[EachandEveryone]

Or doesn’t it make a difference my sister is pushing her to do it. They are both in their 70’s and have a house together. She has a small pension he has a big British Gas one. The house is massive and costs alot to run, she’s his carer and they are very devoted to each other. Does it really make a difference if they are married or not? No children his side.

It makes a difference if they've not drawn up what happens to the house following one of them passing away.

With marriage their respective pensions can be paid to each other post death. There's also different rules on inheritance and passing assets if you aren't married.

It's certainly a discussion to have and consider.

I should also add though that marrying also has implications for you and your sister inheriting too. If your mum marries and passes first then she could find her assets going to her partner and then when he passes you and your sister aren't blood relatives and there's issues there.

I'm no legal expert but there's a lot to consider marrying later with different children and assets.

He’s got 20 times more than my mother has at least

If they are going to live together it's better to be married in my opinion. Things can get complicated if they remain single. He may not have children but if he has other relatives and he gets dementia / dies , things could get sticky for her if she isn't his next of kin. Your sister actually has the right idea - a woman in your mother's position could end up in a very messy financial situation if she doesn't get married. Marriage isn't just a "piece of paper", it's security and peace of mind for all concerned.

It sounds like they own the house, is it in both their names and as tenants in common or joint tenants? If they own it in both names as joint tenants she should automatically own the house is he dies, regardless of whether they are married and could then sell it or live in it as she chooses. If its in his name or tennants in common she could lose her home when he dies as even if he leaves it to her in the will she would have to pay inheritance tax if it's over the threshold.

Can he nominate a non-spouse as a survivor beneficiary on his pension and if so would he nominate her? Some schemes will allow this, others will only allow spouses to be paid survivors benefits.

I'm not a lawyer and there may be other considerations. Not being married may not be a problem but it does mean she needs to put more trust in him and she's at more risk. She should at least see a solicitor to discuss it.

Certainly worth discussion with solicitor at the same time they should look at wills.

Probably far more important is considering what they want to happen to their assets on their death, and making wills which properly enact their wishes.Dont let them assume that they can rely on family to carry out verbally expressed wishes: that's often not legally possible, even with the best intentions of all involved.
Go to a tax and inheritance specialist; the main advantage of being married may turn out to be that his house etc can pass tax free to your mother on his death, rather than 40% over £K 350 going to the tax man.

Making professionally drawn up POAs, and medical/ care powers of attorney should also be considered.

Your DM needs , sadly, to consider what her position will be if they split up. In this respect, she may be better off married.

Marriage makes a difference when it ends. Whether that's through death or divorce, but legally that's when it matters.

He is a financial advisor so you would think it had all been discussed

Also if he has a decent pension your Mum will get a widows pension if he predeceases her.