How valid is the declaration of trust and will after marrying someone?

[Butterflylovers]

Let’s say you bought a property on a tenants in common basis with your partner.
You have a declaration of trust drawn up detailing what % ownership, details of what happens if you sell, and you have a will stating your share is to go to someone else but your partner has a life interest on the property….
But how valid are these if you marry your partner and subsequently divorce?
By marrying, would a lot of these be overridden?
Would the court take into consideration of your declaration of trust and will?

Forgot to add we are unlikely to have children.

Marriage normally revokes an existing will. I'm a willwriter and if the client expects to marry then I always put in a clause to say that the will is made in contemplation of marriage and that it will not be revoked if that marriage takes place (and I then go on to say that it will remain valid even if they don't marry).

Did your will writer put that clause in? They may not have done if you didn't tell them of your plans.

So far as the deed of trust is concerned, if you marry, then divorce, the court is not bound by the deed of trust but will take it into account. Much would depend on the length of marriage, other factors such as contributions by both sides, etc etc.

Agree with mumble but want to add, while marriage invalidates a Will, a divorce typically DOES NOT. So you want to make sure to check it if you divorce and make sure it still reflects your wishes.

Divorce, at the decree absolute stage, DOES automatically revoke the appointment of a spouse as executor and beneficiary of any gift under the will. The rest of the will remains valid, but it's always a good idea to review a will upon divorce anyway.

Mumblechum has it right. If you marry, you could make a new will, similarly if you divorce. I always advise clients to make a will for the position they are in now, and look at it at least every five years to assure yourself it is still appropriate.

If your main asset is the share of the property and you would like it to go to lets’s say your sibblings.
What steps above deed of declaration and will can you take to ensure it goes to them in the event you do get married and subsequently divorced?
Put asset in a trust in the sibblings’ names?

God no, that would be a really bad idea Butterfly; what if the siblings get divorced - the asset would be up for grabs within their divorce. If the siblings died the assets would potentially go to their beneficiaries.

ok maybe not sibblings but nieces and nephews, God children.
I was using sibbling as an example of someone who is not the partner.

I think you are probably best advised to remake your will as quickly as possible when life events happen.Nieces and nephews have the same problems as siblings I.e. You are putting it out of your control. What is they spend it, go bankrupt, etc?

The arm of the law stretches long though. If you have been cohabiting for 2 years, your partner could have a claim against your estate under the inheritance (provision for dependants ) Act.

What are you actually trying to achieve? To leave nothing to your partner?

I am just thinking hypothetically.
What if your partner is a spendthrift, much younger than you. If he is to survive you, you don’t want him to be homeless (hence the life interest) but yet you don't want him to inherit your share of the house in case he wastes it all, or meet someone else and it goes to them and not a penny to someone you intended to have!

This scenario could be similar to two mature single people, lets say they each have children from their previous relationships and they each want to make sure that their own kids inherit their respective assets.

I guess what I am trying to ask is
What steps (as well as the declaration of trust and will) can you take to ensure that your share of the house goes to person X which ensures your partner is not homeless in the event of your death AND to protect your share of the house in the event of you marrying your partner and the marriage fails.

As BB says, if it's a serious concern, don't get married.

I thought you could put your share of the assets in a trust in your beneficiary's name and this would have some protection?

You can have leave your partner a life interest in the property which would keep a roof over his/her head but means they can't spend it, mortgage it etc. But if you later split up, the best advice would be to make a new will sharpish.

If you divorce though, all your assets are up for grabs at that point. You could go for a pre-nup to try and avoid him making a claim? Family law not my area of expertise but they are not necessarily binding unless circumstances haven't changed much and everyone was properly advised at the outset. Which brings you back to BBs advice, don't get married!

I moved in with my boyfriend in 2004. We brought a house together in 2005. I signed a declaration of trust - tenancy in common. I had not legal advise at this point. the remainder of the house was mortgaged jointly. The house is now paid for in full after years of struggling financially to satisfy my husbands desire to be mortgage free.

We married in 2008 after he proposed to me. We had a child in 2010 via IVF treatment.

We are just going through a divorce and was wondering if the declaration of trust was still valid or court the divorce courts over rule it?

The declaration of trust is not invalid but that doesn't mean the property will be split in the proportions it says. It will simply show how much each of you has contributed. That is one of the factors in determining how it is split but not the only one.

I need advice and Asap I did a deed of trust a few months ago the house me and my husband live in I bought before I married . But he's done a lot of work on the house , so I thought it only fair that he got an equal share in the house so I did the deed giving him 50 percent with a lot of badgering from him , worst move I've ever made he has turned into the biggest most horrible pig I've ever met verbally and physically abusive I've moved out of the house he has filed for divorce I feel like the biggest idiot on earth sorry about the spelling mistakes I can't even think straight

I have a deed of trust on a property with my soon to be ex and in the 20 months we have been separated he has not honoured the terms of the agreement - paying half of the mortgage or repairs etc but he says he can force me to sell it if he gives me 12 months notice as the deed states (which I don’t want to do )If one party does not honour the terms does this invalidate it ?

You would be better off starting your own thread rather than reviving a 5 year old thread. You may find that people answer the OP rather than you. However, you need to consult a lawyer who will be able to advise once they have all the facts.