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?

A relative of mine's husband dropped down dead unexpectedly from an aneurysm in his mid 50s. He didn't have a will but they were married and had grown up children. I don't know what the eventual outcome was and what percentage of the estate went to the widow and what to the children, but I do know that it left the wife in a lot of shit for a fair while due to bank accounts being frozen etc - the grown up son actually had to bail his mum out temporarily as she couldn't access any money. I seem to remember the comment at the time was that it would have been far simpler if he'd had a will.

It is just bonkers not to have a will - it's hard enough when you have one - let alone without.

Without a will there is a limit to what you would get. Depends how much he has to leave. I think it's actually quite selfish not to do a will. A will isn't just about who gets your stuff.

The 'in contemplation of marriage' clause

We had one of these before our civil partnership (and before gay marriage). We did query it with our lawyer, but they said it was okay. Turned out they had got it wrong and it didn't apply 'in contemplation of civil partnership'. But yeah, they were quite clear that marriage or civil partnership invalidated earlier wills. And I suppose writing a new will isn't something you really want to do the day after you have married!

As his next of kin, you will inherit. Mirror Wills are ideal in case you both die. Even if you don't plan to have children (which we didn't, but did!!) a Will will make it clear money can be invested for their benefit and released early if necessary and also it's clear who'd you'd wish to administer the estate and look after money, and also be a guardia.

You need to make new wills, yours is invalid.

Joint assets would be inherited by the other person.

Singly owned assets would get first £250k or residual estate plus 50% of remained

*of not or

Anyone who has ever sorted out an estate will tell you, that everything is sooo much easier if you have a will.

It's a good idea to get POA sorted out for each other too

After a death, when emotions can be quite raw, there is still paperwork to get done. Anyone who does not care enough to make that job as easy as possible by making a Will is not a very kind person.

Hope he sees the light soon.

As his next of kin, you will inherit

You will inherit some not all of it! Dependent on size of the estate.

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

So not true! @BernadetteRostankowskiWolowitz what makes you think this?

If your husband dies intestate, you do not automatically inherit the entire estate. You'd get the first £250k but the reminder would depend on other factors, e.g. children etc. You can find out here www.gov.uk/inherits-someone-dies-without-will

not sure why so many of you think mirror wills and holding property jointly is a good idea. surely its much better to hold the property as tenants in common and leave everything in trust to your children with the spouse having a life interest in the house. that way half of the property is protected from care home fees being levied on the surviving spouse.

@izzywizzywont some people want to choose their care home and pay accordingly. I see what you're saying but it depends on level of wealth and available income.

izzywizzywont having had a relative live for some years in a care home I would prefer for DH to have free access to any estate to pay for care home fees. Not all care homes are equal.

Im just going to let DH love in the garden when he's old.

And my Mum has said she doesn't care what happens to her when she's dead... lol Helpful lot I have!

Well stretching a point here but IME with FIL POA ( both financial and health and welfare ) is a good thing ( he would not do it. ) So for parents , if they may have to have care. Otherwise SS ( I think ) can take the money & spend as they see fit. So I do not agree with not having to pay for care if the money is there , but better , surely if the family can choose - but that is POA not wills or NOK - sorry - probably went off at a tangent there. We have done wills and also POA for DS . My parents have done POA for me .

izzy Or if the survivor gets remarried. I have seen many, many cases where everything passes to the survivor, either automatically by survivorship or by Will. The surviving spouse then remarries and the children of the first marriage end up with nothing.

Nonsense that probate takes longer. Rules of intestacy v clear. Anything in joint names goes to the joint owner unless other arrangements are in place (see tenant in common v joint tenant)
He doesn't need a will unless no family to care for dc if you die, then him. Social services only get involved if family can't. There could be dispute about it tho, which is undesirable.
Be aware that mirror will can be changed, or invalidated by another marriage.

My DH died without a will. It made absolutely no difference whatsoever. I administered his affairs and as spouse was accepted by everyone without question.

Everything was very straightforward though. His estate wasn't large enough for anyone to want letters of administration (the alternative to probate if someone dies intestate). The death certificate and, sometimes, our marriage certificate, was all the paperwork anyone wanted.

surely its much better to hold the property as tenants in common and leave everything in trust to your children with the spouse having a life interest in the house. that way half of the property is protected from care home fees being levied on the surviving spouse

If the surviving spouse wants to sell, then what? Children may have to pay CGT on the sale. Also if they own a property does that mean they won't be eligible for any government backed first buyer scheme when they try to buy somewhere to live. Inheriting property can be a ball-ache...

Just joining in to say that if you are a member of UNISON you can get a will drawn up free of charge. Not sure about other unions.

We just had a situation where FIL died intestate. It was messy as MIL didn't have her name on the house and they didn't have a joint bank account. Anything in joint names just goes to you but if not you get the first 250K plus half the remaining assets your DC would then share the remaining amount

Please make wills (yours is now invalid), if only to make life easier for the person remaining. Believe me, you don't want to be going through probate without wills.

As others have said, were he to die, everything will pass to you and all previous wills are null and void upon marriage. However.... My DH hadn't made a will before he died (young and unexpected). It was a hellish time, and the lengthy process of instructing a solicitor, obtaining Letter of Probate etc. really did add more misery into the mix. It's the last thing you want to have to deal with when you're raw with shock and numb with disbelief.

@SpamChaudFroid your wrong stop talking about things you don't know!