is DH died...

[cjt110]

what would happen to his stuff?

I have a Will. Made before we married, in contemplation of marriage and basically covers each eventuality with/without children, if i die before him etc.

I have said to DH he needs to get his shit together and sort one out. Been saying it for a few years and DS is almost 5.

So. What would happen to his stuff car, house, personal effects if he died before me? or after me?

I think that marriage effectively invalidates a previous will, so you probably both need to make wills.

If there's no Will and you are married I think you would get everything? Because you are next of kin?

If you're in the UK you would inherit everything of your spouse's if they died intestate.

In Scotland any children get a small part too.

You need to go together and have mirror wills drawn up

If you're married, you'd inherit.

I believe you would get the lot. If he wants to ensure other people get something he needs a will.

if* not is!!

If died after you, intestate, then his kids would inherit.

I think that marriage effectively invalidates a previous will

So do I.

I believe as it was "in contemplation of marriage" it still stands.

I have said time and time again that if he wants specific things to be given to people or done, he needs to make a will. Or to make a will anyway.

So in theory, if he's happy if it came to me, or our son if I was already dead, he doesn't need to get one? Dammnit.

"The 'in contemplation of marriage' clause is an exception to this rule, and means that if a Testator expects to be married to a certain person at the time the will is executed) then that will shall not be revoked when the Testator does eventually marry." from www.willwriters.com/blog/in-contemplation-of-marriage/

Why are you saying dammit? Marriage makes it easier. It all comes to you.

If you are in England your will survives your marriage as long as made in contemplation of your marriage to your dh and he is named in the will.

If he died intestate as you married you get his personal chattels the first £250k and half the remainder. The children get the other half at 18 which could be a pain. There’s no reason not to have even a simple will in place tell him that

If you own things jointly such as house : bank accounts they flip over automatically on death to the other joint owner

Because it proves his bloody point that he doesn't need to make a Will.

I do not want to be on the other side of things and wonder if his expectations or desires are being followed.

I keep telling my parents to do exactly the bloody same and they too haven't made a will. They are not married and my "Dad" isn't my Dad but has been in my life for 28 years of my 32.

I am assuming in that scenario my Mum's possessions go to me, and my dad's to his biological son.

Why are you saying dammit? Marriage makes it easier. It all comes to you.

He probably already told her this, and she's had a go at him.

Our Solicitor advised making provisions for DC. Who will be their Guardian, mind their inheritance in the event that both parents die.

Agree about your Will being invalid if you are now legally married since it was drawn up. You need to revise it. Perfect timing - you can do it together.

He probably already told her this, and she's had a go at him. Not so much, but I've told him to get a will in place, because I don't want to be wondering what he wanted when he's gone. To me it just seems straight forward and simple to write out a will, or even just a blooming note to me saying what he wants and doesnt.

Who will be their Guardian, mind their inheritance in the event that both parents die. This is already covered in my will.

I don't want to be wondering what he wanted when he's gone well (1) he wont care as he will be dead and (2) if he hasn't told you specifically then it can't be important to him.

You're right OP about your Will still standing if it's specifically made "in contemplation of marriage". What you inherit would depend on the value of his estate but it would either all go to you or the first £250,000 to you and half the rest. The other half would pass to your DS. You could tell him that it's always worth having a Will because if the worst happened and both you and your DS predeceased him, he probably wants to have a clause saying what he'd like to happen to his estate and who he'd like to sort it out (executor). If he makes a Will, he can also appoint who he'd like to be guardian for your son (only if he's under 18 obviously) in the event that you'd already died at the time of his death.

We’re married so I’d get it all. We already own the house together, and our other assets don’t amount to more than 250k. I do keep saying to him that we need to write wills though., as we have a little boy so we need to sort out guardianship etc, in case we both die.

Surely if you are married you'll have a mirror will?

If you manage to get him to do a will, get a power of attorney as well. Hopefully won't be needed but invaluable if incapacitated.