Pre-nup agreement for second marriage

[NoEscape]

I'm looking for some advice on a pre-nuptial agreement for a second marriage. My mum is getting married in a few months time. Unfortunately her soon-to-be husband has a terminal illness so the issue of wills and future planning has taken more importance than would normally be the case for such a happy occasion

She basically wants to change her will to say that, in the event she dies before he does she would want him to be able to live in their house (that she bought and paid off the mortgage for before they met and that is in her sole name) for as long as he lives/wants to. But that when he dies she doesn't want his children to have any claim on 'her' house. She isn't being cruel - his two children are provided for in his will with 'his money' and her house is her legacy to her children (i.e. me and my sister).

If she writes this in her will is it sufficient or does she need a pre-nuptial agreement?

Thank you for any advice

I am not a legal person this is just what I have seen on a will making programme with solicitors etc... Short answer yes. There was a programme about sorting out your will and they had a different couple every week. This seemed to be quite a normal request for those where either or both party were on a second marriage which included children.

this is tge programme

Having a pre-nup on top of a will like that is just belt and braces.

She needs to make a will. That will do it. Make sure she goes to a solicitor not a willmaker and definitely not some form from WH Smith.

I think she needs to give him a life interest in the property, through her will. But, yes, she needs to see a solicitor.

What a sad/happy situation for your family; I hope they have a joyful wedding day and enjoy their time together.

Hi, I'm a will writer (and qualified lawyer, thanks nkf ,) and certainly on your mum's will, she should grant a life interest to her husband.

The triggers for the sale of the property are normally the death of the beneficiary of the life interest, but equally, it could be his remarriage, however unlikely that may seem now.

I normally also include a portability clause so that if the beneficiary wishes to downsize or move to another area, they can, and that will also state what happens to any excess from the sale of the first property.

Your mum should also think about what she wants to say regarding the maintenance, insurance etc of the property. Usually the beneficiary pays, but in your mum's circumstances it would probably be fairer if the maintenance comes out of the residuary estate, assuming that your step dad to be wouldn't be able to pay.

If you're interested, I have a paid for ad over on Classified: small business, headed "5* will writing service recommended by Mumsnetters".

Thank you for the advice - I'll pass it onto my mum and tell her she needs to speak to her solicitor to change her will.

Actually the prenup isn't just belt and braces. It is entitrely possible that they could divorce, prior to dying. Their intentions for their estates on marriage (the prenup) will be persuasive evidence of agreement. But thre are rules about prenups, for them not o be overlooked. BOth parties must have legal advice among others.

The main 3 rules on prenups are:

1. Signed no less than 3 weeks before the wedding
2. Both parties provide full disclosure of their finances
3. Both parties take legal advice.

Since Radmacher, prenups are, in theory at least, more likely to be taken into account by the court on divorce, but at the moment are still not binding on the court.