Not married to OH. What happens if he dies?

[Adviceneededpleaseee]

Hi all.

Looking for some hypothetical advice. Me and DP are engaged and have one DC and another on the way. We got engaged before Covid and then the wedding went on the back burner due to me having a baby and then getting pregnant again. We do plan on marrying once this baby is born.

I am not on the mortgage. Our house is owned solely by DH. I am the sole beneficiary of his life insurance policy which will pay off the house plus leave £1M+.

Neither of us has a will at the moment. Fully aware we need to get this done ASAP.

If DH was to die tomorrow - who would get what (the house, the life insurance and DHs assets)? His mum and also a brother are still alive if this makes any difference.

Please no posts telling me how important is that we get married and make a will, we are both fully aware how important this is (we just need to get round to it!).

thank you!

I think it's split between the mum, the brother and your children. Have a look at this https://www.gov.uk/inherits-someone-dies-without-will

Thank you.

Our child is only a toddler - what would happen to their share do you know?

Actually answering the questions on there says it's the children that will inherit.

What do you think happens, OP? Have you tried googling the info? It's widely available.

I’d like to know whether DHs assets would be kept in trust for our DC or whether it would be able to be used on bringing up the DC?

I can’t find anything that says for definite what would happen when DHs children are only toddlers. Would the money be left in trust for them? If so who would be in charge of the trust - me or DHs mother (who he does not get on with)?

Just pop down the register office and get married.

We do plan on doing this once I’ve had the baby.

The answer is both. The money will be in trust but you can apply to release funds to help with bringing the children up, which the trustees must agree is in the child's best interests. It wouldn't just be there for you to spend freely.

It depends which UK country you are in - Scotland is different from England and Wales.

A will can be quick. He can just put everything in an email to you all, print it out and sign it. Don't make it a bigger deal than it needs to be.

See a solicitor for advice and make your wills at the very minimum.

Thank you - do you know who the trustees would be?

I am in the UK

England to be exact.

There is also a government allowance for widowed parents - but you have to be married. If he was on life support his mum decides what happens- not you. I’d be tempted to get married now and have the party after.

“I am the sole beneficiary of his life insurance policy which will pay off the house plus leave £1M+.”

That makes it complicated- think you need to ask the life insurance people. The money may go to you as you’re named, but if the mortgage is paid off that may not.
And the children would need trustees.

Probably safest to do a quick registry office or will now. Worry about the frills later.

Why? It’s two appointments, you make one and take all your paperwork to it, takes about 30 minutes, and you make another one no sooner than 30 days later to turn up and say the stuff, that one can be less than 20 minutes if you want.

Unless you want an actual wedding of course.

Also his mum would get to plan the funeral arrangements without you.

A sad case on here a couple of years ago, the not yet divorced wife controlled the funeral and assets, despite the current partner having children with him. I believe she was at risk of homelessness as well. It was awful.

Please tell me you have your own income coming in.

Unless you are literally about to give birth go and get the license to get married and just do it. I think the waiting time is 2 (maybe 3) weeks from when you get the license.
Obviously the registrar office has to have a marriage slot available but I would have thought this time of year less people get married.
Just do it. That way you can banish any "what if" scenarios from your head.
It takes about about an hour if that to have the legal register office ceremony.

My OH died very suddenly and unexpectedly during my second pregnancy. Luckily, we had both made wills and I was also named as sole beneficiary of his workplace pension and death in service benefit. However, as we weren't married, I was unable to access any bereavement benefits for me and our two children. I think that since then, there have been changes to allow unmarried parents to access some benefits after the death of a partner.

Make wills as a matter of urgency. It doesn't take long. I'd advise doing it through a lawyer and not with one of those packs from WHSmith. Just to make sure you've done everything by the book and there's no room for contesting anything.

Is there a charge on the insurance policy to pay off the mortgage? If so, you could end up paying off the mortgage on a property that doesn't belong to you.

You both need to make a will and set everything out properly so that anything going to your dc is in trust, with named trustees, and it needs to be done watertight, otherwise someone could end up having to pay inheritance tax.

Should you die first, is your DP the beneficiary of the life insurance policy?

Easier still - nip down the register office and tie the knot now. Then you can have a big wedding celebration party afterwards.

It would I think go into a statutory trust fir your child(ren) until they are 18 so no unlikely to be able to access it.

he needs to do a will asap (everyone over 18 should have one) and ypthen sort out getting married

nope. Most likely held in trust until he is 18.
You and the unborn child could get nothing if he died tomorrow.
please sort this out OP.

You pretty much have the same rights as I do, a random stranger. The way you tell the law you are not a random stranger is to get married.