Elderly Dad is getting married (on a tight budget) and needs some advice.

[unflapper]

Hi
Wonder if anyone can help. My elderly dad is getting married again and although he doesn't have any assets, he has some life insurance policies and a current Will which has the small amount of money from the policies (less than £15,000) left to his grandchildren. His fiancée has a small property and she would also like that to go to her grandchildren. They know that when they marry, their existing Wills are revoked but they would like to ensure the money/assets go to their grandchildren as already stated in their Wills.

They are both pensioners and on a very tight budget but are looking for a simple way of ensuring this.

We're just wondering if there is a simple legal document that can be drawn up to ensure legal security for both sides. Would it be a case of drawing up new Wills post marriage or is there an easier way to do it?

If anyone can offer advice that would be amazing.

Don't marry. Much easier.

They're religious and so legal marriage is part of the culture before they'd consider moving in together. 😊

I believe you.can draw up wills in expectation of marriage - I think also you can change beneficiary of the life insurance so it goes direct to the grandchildren. - but really I think a solicitor would be best to make it tied up correctly

You need to see a Solicitor.

For example if she dies first would he have the right to live in the property

I’d just make new wills - you can actually do that “in contemplation of marriage”, which means that they wouldn’t be revoked when the marriage happens.

Would probably be worth getting POAs sorted at the same time if they haven’t already done that.

Will your Dad move into his partner’s house? (You say he has no assets so assume he is in rented at present?) If so, what would happen if she died first? Would he have to find new rented?

Or would she make a will granting a life interest, I.e it belongs to her grandchildren but allowing him to live there for his life.

If this is not what she is thinking, and he is currently in social housing it might be in his interests to stay put and she move in with him.

There IS a document they can sign to ensure their intentions are carried out, it’s a Will!

Marlow Wills is run by a MN-er and they are helpful and very reasonable because they do it over the phone.

If they just want to keep the provisions in their existing wills unchanged once they are married, each of them can just copy the existing will and insert a paragraph at the beginning saying

"At the time of making this Will I expect to enter into a marriage with [full name] and intend that such marriage shall not revoke this Will."

It is likely also be worth following that with a clause saying

"This Will deliberately leaves none of my estate to my intended spouse [full name]."

just to avoid any uncertainty afterwards.

Make absolutely sure that they comply with the laws around signing and witnessing wills when signing the new wills and getting them witnessed or you risk the old wills being revoked by the marriage and the new wills not being valid.

[DISCLAIMER: THIS IS NOT ACTUAL LEGAL ADVICE]

^ i.e. they can make the new wills BEFORE the marriage so long as they are explicitly made in expectation of marriage.

She intends to move into his HA home as it's sheltered accommodation and much better for their needs.

Would she have the right to stay there if he died first?

Yes, he would add her to the tenancy to give her some time to consider her options.