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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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What would happen to my partners money if he dies and we weren't married?

419 replies

grannyinapram · 07/02/2021 12:44

Not a huge amount but we are saving for a house so he has a couple of thousand in his account and I have the same in mine.
We have dc and have lived together since being teens.
But getting married is a hard one because althoufh we are enganged, we don't want to get married yet. The 'wedding' isn't happening until after we buy the house anyway because we don't want to waste money on a crappy affair when we are renting.
Priorities and all that. Covid has pushed both further out of our reach.

I was just reading the will thread where the husband won't write one and it made me wonder what will happen to our money if we died?
We aren't even 30 yet so it seems a little presumptuous to write a will, however DH (not yet lol) has a fairly dangerous job so I'm always worried of the 'what ifs'

I was under the impression that when he died I could just go on his phone and put all the money in my bank and close the account, and vice versa. However I'm not sure now. is that legal? would anyone else have a claim? does it go to our kids? no idea.

OP posts:
supperlover · 08/02/2021 20:28

My daughter and partner were concerned about this so got married with just two witnesses and a pub lunch afterwards. No new clothes or expense.You can have the party any time when finances allow.Securing your future is more important than a bash.

Shewhomustbeobeyed1 · 08/02/2021 20:40

You must write your wills

jwpetal · 08/02/2021 21:09

Now that you know the situation, I would suggest getting a legal agreement. This is to protect you and your children. It will also ensure that if something does happen to either of you, that you can still carry on. As for a wedding, it doesn't have to be fancy. Do it when you are ready, but don't let the reasons you listed be the reason. There is protection in a marriage. It is not all love. It is also responsibility. good luck

SandwhichGenerationGal · 08/02/2021 21:22

Whilst getting the legal side sorted out, you should each think about doing lasting powers of attorney for finances, health and welfare too. Everybody should do this, the earlier the better

Mamanyt · 09/02/2021 01:56

ALWAYS have a will! I've had one since I was in my mid-20's, regularly updated. ESPECIALLY since you two have a child together.

Unless your name is on his account, you will NOT have any legal right to his money, although your child surely will have a right to a portion of it, although probably not all. His blood relatives also have a right to it, since the two of you are not married. AND they will have control over funeral arrangements, while you will get no say at all, other than what they might grant you. A will, leaving everything to you for the upkeep of your child, and naming you as the executor of his estate, as well as stipulating that you are in charge of funeral arrangements will go a long way towards protecting both you and your child. Now, if his family is less than ideal, they may contest the terms, but your child will take precidence.

334bu · 09/02/2021 08:44

Anyone who is a parent should also have a will, even if you are married . Both parents might die, so it is important to make arrangements. Choose guardians and let everybody know what would happen if the worst occurred.

Localocal · 09/02/2021 10:25

There are lots of ways around getting married, with wills and insurance beneficiaries, etc. But the simplest thing is to just get married. There are numerous financial and legal benefits and protections afforded by a cheap and simple registry office wedding. I would strongly advise taking advantage of them now, even if you can't afford the big party.

If you have only saved a few thousand pounds between you, and Covid has slowed down your savings rate, it sounds like you are years from being able to buy a house, settle into it and then save up again for a wedding. In the meantime anything could happen. Get married now and then you don't have to worry about how long it takes to save up for your wedding.

PumpkinPieAlibi · 09/02/2021 12:46

Can someone direct me to the other recent thread about wills that the OP references please?

Braneycat · 09/02/2021 13:07

I'm glad i read this, I've had similar thoughts!

Although I absolutely 100% do not want to get married. Yes we have kids but marriage is not something that interests me at all, irregardless of the legal implications.

Guess I'm off to sort our wills out too (not that we have any particularly expensive assets 😅)

Frazzled2207 · 09/02/2021 13:11

Absolutely do a will. Is no big deal. Sorted it in my late 20s.

Frazzled2207 · 09/02/2021 13:12

@334bu

Anyone who is a parent should also have a will, even if you are married . Both parents might die, so it is important to make arrangements. Choose guardians and let everybody know what would happen if the worst occurred.
This was actually the main reason for making our wills but as a sideline we also agreed regarding the financials. T
viques · 09/02/2021 14:52

@Braneycat

I'm glad i read this, I've had similar thoughts!

Although I absolutely 100% do not want to get married. Yes we have kids but marriage is not something that interests me at all, irregardless of the legal implications.

Guess I'm off to sort our wills out too (not that we have any particularly expensive assets 😅)

Great news about the wills. And it’s fine, no need to get married, or enter a civil partnership, if you don’t want to. But don’t let your principles make your legal or financial positions worse. Please consider these carefully.

The OP says that she can’t “afford” to get married. For many tax payers the tax saving in the first year of marriage more than pays for the marriage or civil partnership licence.

For bereaved partners with children the government offers no additional financial support. For bereaved married or civil partners there is a cash payment and eighteen months worth of payment available. And this benefit applies to either partner incidentally.

Unmarried partners need to be proactive re work benefits like death in service and pensions, make sure you and your partner are named on each other’s policies as beneficiaries. Similarly with life assurance policies.

In the case of incapacity then a married or civil partner has next of kin authority with regard to treatment . If you are not next of kin this right devolves to others, there are some awful stories on this thread.

Snowsnowglorioussnow · 09/02/2021 15:04

www.dailymail.co.uk/femail/article-7334313/I-never-felt-marriage-important-day-Paolo-died.html

Legally, our relationship meant nothing. I'd always believed we were 'as good as' married. But despite widespread use of the term, there is no such thing as common law marriage in Britain — and when Paolo died, I had no rights at all.

How many of those couples realise that if one partner dies, the other won't automatically inherit their property, or be entitled to their pension or life insurance?

How many of them are aware that, unlike a bereaved married person, they might have to pay significant tax on anything their partner left them?

And when I most needed the support of the authorities, I was frozen out.

When I tried to register Paolo's death, I was told I wasn't his relative; and because he had died at a different address, I wasn't even seen as a significant other.

Then I had to deal with informing everyone of his death, closing his bank accounts and credit cards, sorting out savings, his pension and trying to transfer things to my accounts so I could pay the bills.

Because we weren't married, I had no entitlement to Paolo's last salary — which I needed to pay our mortgage. The bank would pay that money only to our son Connor, who didn't have a bank account.

Foolishly, we hadn't written wills — although we'd talked about it. Instead, I had to go through the complicated process of probate, which took months, cost thousands in solicitors' fees and is subject to inheritance tax, which I thankfully didn't have to pay because our property was in our joint names and I was under the financial threshold. But widows never have to pay it.

What's more, if Paolo and I had been married, I'd have automatically received a benefit called Bereavement Support, which is a lump sum of £3,500 and 18 monthly payments of £350. As it was, I didn't get a single penny to help provide for Connor.

Snowsnowglorioussnow · 09/02/2021 15:09

Married, blended family no will

www.dailymail.co.uk/home/you/article-3823174/His-unsigned-left-plans-ruins-widow-s-life-plunged-uncertainty-husband-died-without-signing-will.html

if you have not signed your will, all your money will be frozen, accounts immobilised. The law of intestacy governs everything you leave behind.

The bereaved spouse or civil partner will inherit the ‘chattels’ (household articles including items such as furniture, paintings and cars), a ‘statutory legacy’ free of tax, and half the remaining estate (which can be converted to cash, rather than being invested to provide an income), the other half going to the children. (When the widow or widower dies, their half reverts to the children.)

Inevitably, if the family is at odds, none of this is straightforward. And sadly we were at odds from the moment, a day or two after hearing Robin’s wishes, his sons opted not to follow his unsigned will but to go down the intestacy route instead.

With Robin’s bank accounts all frozen, I had to sell beloved objects just to provide enough money to live on, and then pay to store the rest because the house had to be sold to release the capital tied up in it.

Despite the fact that his sons had chosen to ignore his wishes, I agreed they should be given the chest of family silver and specific items they wanted to keep, as well as letters, books and memorabilia. Yet they were horrified to discover that I’d sold certain small things, just to cover basic household bills.

Pinkfluff76 · 09/02/2021 15:22

I’m sure I’ve read you can do a cheap will online with WHSmith. Good luck OP.

Nsky · 09/02/2021 15:34

I agree get married time off in hol time, surely with planning it could be ok, kids ask, we couldn’t afford a big do.
We have a party later

Dixiechickonhols · 09/02/2021 16:04

snow that’s for linking that Paolo story I’ve read it before but couldn’t find it. It’s a very clear example. At least his family let her organise funeral his parents could easily have cut her out of that. They should study practical examples like that in phse.

Lockeddownagain · 09/02/2021 16:20

This is way you get married people that have kids and a house with someone without being married have no security at all

CriticalWoman · 09/02/2021 21:37

@grannyinapram

Thats a bit harsh you don't know me or our circumstances. To get married we would have to pay £70 just to give notice and them book the day off (which would actually mean having the week off due to his job- you can't just take a day off in his line of work) and then pay for the ceremony which is another 100 or so. plus we have children who won't be allowed in the register office because of covid. So we will have to find someone to look after th and its a faff as it is. Then we would have to deal with the onslaught of 'you married without us ?

in all likelihood my dear, dear darling won't die and all this will just be a faff. of course if he does I promise to post an apology on mumsnet for being so dense.

Back in the real world we will sort a will online which seems to be the easier option. until it comes to the cost... please be cheap Blush

Bit contradictory. You either marry in Covid times when you have virtually nobody at the ceremony, or you marry when you're allowed your 100 plus, as well as your children. But writing wills ASAP is certainly the best immediate solution.
Beforethetakingoftoastandtea · 09/02/2021 21:39

Who are people naming in their wills to look after the children?

nopuppiesallowed · 09/02/2021 21:45

If you love someone, and there is no legal impediment to being married, I don't understand why two people wouldn't marry. Unless, of course, they are hoping someone better will come along....

notacooldad · 09/02/2021 21:55

Who are people naming in their wills to look after the children
I had my mum and dad down as guardians if anything happened to me and DH.
Fortunately for us all they made it to adulthood without any off us popping our clogs!

Beforethetakingoftoastandtea · 09/02/2021 22:26

@notacooldad

Who are people naming in their wills to look after the children I had my mum and dad down as guardians if anything happened to me and DH. Fortunately for us all they made it to adulthood without any off us popping our clogs!
Our children are young and our parents all 70’s / 80’s. Dh an only child and my siblings are gobshites. This is worrying me now.
MRex · 09/02/2021 22:39

Who are people naming in their wills to look after the children
Our siblings, we have a defined order of inheriting the little one and a request to spend a specific amount of time with the other side. We have a different order of siblings for managing the financial inheritance for DS, and included explicitly that whoever cares for DS should be allocated a reasonable amount of money for costs prior to his inheritance portion, because we wouldn't expect them to be out of pocket to raise him.

Mamanyt · 10/02/2021 00:36

@Braneycat

I'm glad i read this, I've had similar thoughts!

Although I absolutely 100% do not want to get married. Yes we have kids but marriage is not something that interests me at all, irregardless of the legal implications.

Guess I'm off to sort our wills out too (not that we have any particularly expensive assets 😅)

Think about...well, in the USA, they are called "Power of Attorney," that's probably different where you are. They can be medical, or general, and they stipulate who makes choices in whatever area they cover if the primary is incapacitated. That way, you (or your partner) will be making financial and medical choices for each other if The Worst happens, rather than next-of-kin.