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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To worry about not having wills

54 replies

Orangesandlemons77 · 19/04/2026 14:39

DH thinks we don't need wills as we are married but I worry about what would happen if one of us was to die intestate.

We are both in our 50s. Don't have much savings but the house is paid off and worth around £400K and he has around £200K in a private pension.

How would this be divided without wills? I understand it is shared above £322K? Would this mean selling our home?

And there are some new rules coming in after 2027 that pensions are part of the estate, not sure if that will change anything.

He has stated in his pension it is to be left to me, but not sure how that would work out.

I think it sounds like a potential minefield and that we should get wills sorted. AIBU?

OP posts:
Badbadbunny · 19/04/2026 19:52

Can I just point out that he can very easily change his will even if he makes one and leaves everything to you. He can change it without you knowing.

Likewise he can easily change his beneficiary notification re his pension, again, without you knowing.

I'd say the more important thing is to get the house transferred into joint ownership - he can't change that at a later date without you knowing, so at least that aspect would be fixed in stone.

Forthesteps · 19/04/2026 19:57

Fascinate · 19/04/2026 14:59

Firstly, you can make something called a mirror will where you jointly state that whoever dies first leaves everything to the other party.

But what would happen if you both died at the same time? Where would you want your estate to go?

They assume that the older person died first if it's literally the same day. That's rare tho'.

Forthesteps · 19/04/2026 20:00

CautiousLurker2 · 19/04/2026 16:19

In that case, yes you would inherit as his wife but you’d have to pay IHT on it - ie you’d get £400l + £200K, - 325k and pay IHT on the 275 - ie about £110k tax payable. If you were both joint tenants, then the house belongs to the surviving spouse and is exempt from IHT. The £200k is below the threshold so IHT = £0. This assumes there are no children here, but if you have any, then you wouldn;t get the house as you would only get personal possessions and their first £322k of the estate. The rest is shared between children. There may be additional things like a pension that he has not considered, so you should absolutely have a will.

Probate is also very slightly easier and thus quicker with a will in place (I believe there may be additional costs if no will).

He is daft not to have a will and you really need the house to be put into joint tenancy and for you to d a mirror will so that his interests in the house are protected.

I would speak to a wills specialist and get advice. The stuff I have written is my understanding having just done our wills but I am NOT a legal professional. My DH also thought I’d ‘just get everything’ too, until we watched Martin Lewis one night…

This is incorrect. Assets going to s spouse do not pay IHT, however large.

CautiousLurker2 · 19/04/2026 20:03

Forthesteps · 19/04/2026 20:00

This is incorrect. Assets going to s spouse do not pay IHT, however large.

Yes, I‘ve updated since. I was just aware of IHT because it affects people with larger estates which was a consideration when dealing with my/Dh’s wills. Did state very clearly that OP should chat to a professional. I couldn’t go back and edit/delete my original post sadly.

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