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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

How do i get a solicitor to write a new will?

13 replies

ssd · 15/03/2024 10:36

I know that seems a daft question. We have mirror wills but i want the type of will where if i die and dh remarries his new wife doesnt get my share of our money. I think its called a will in trust or something like that. But I'm not sure if all solicitors charge the same for this and i can't afford to overspend.

I'm really clueless and would appreciate any help/advice

Thanks

OP posts:
EauNeu · 15/03/2024 10:38

I don't know if you can do that? If you leave money to him it's his to do with as he pleases.

Do you have children?

You need a solicitors advice. You can't really expect to get quality legal advice on the internet.

TempleOfBloom · 15/03/2024 10:39

Contact Marlow Wills, run by a MNer and used by many of us, including me.

Very well priced, and I saw the other day that they set up a trust for around £150 (additional to cost of will).

You do need a proper lawyer. Not all Will writing services are lawyers: Marlows are lawyers specialising in wills.

The discussion can be by phone appointment.

TempleOfBloom · 15/03/2024 10:43

EauNeu · 15/03/2024 10:38

I don't know if you can do that? If you leave money to him it's his to do with as he pleases.

Do you have children?

You need a solicitors advice. You can't really expect to get quality legal advice on the internet.

You can do that.

It is called a life interest, which allows a surviving partner to live in the house though the deceased share has been left to someone else (typically the Dc). And can come with conditions such as ‘until he re-married or cohabits’.

You need to own the house as Tenants In Common , not Joint Tenants, for that to happen.

ssd · 15/03/2024 11:13

Thanks @TempleOfBloom . Ive been here years and knew there was a will expert on here but couldn't remember the name. Thanks for reminding me.

OP posts:
EauNeu · 15/03/2024 11:20

TempleOfBloom · 15/03/2024 10:43

You can do that.

It is called a life interest, which allows a surviving partner to live in the house though the deceased share has been left to someone else (typically the Dc). And can come with conditions such as ‘until he re-married or cohabits’.

You need to own the house as Tenants In Common , not Joint Tenants, for that to happen.

That's for the house but the OP mentioned money. Maybe I'm taking it too literally.

Dottiethekangaroo · 15/03/2024 11:28

Definitely Marlow Wills, highly recommended them.

sunnidazey · 15/03/2024 11:40

Are you ok with your DH doing the same?
Do you have children or someone who will inherit your share?

What happens if you die and he wants to move or sell up (not necessarily with a new partner?) will he be able to do that, because you are sort of disrupting the marriage contract (all that I have etc.)

Maybe you have a good reason but something to think about.

Mumblechum0 · 15/03/2024 13:23

@Dottiethekangaroo @TempleOfBloom Thanks both for the recommendation.
OP, you can make a new will (I normally advise that a couple do a pair of mirror wills to ensure that they dovetail together without contradicting each other), which includes a Life Interest in Possession Trust. This ringfences your respective shares in your home for your children, whilst allowing the surviving spouse to keep living there until they die or remarry.
The trust is portable, so if the survivor wants to move they can do so. If they prefer to rent the house out, that's also covered; in that case they'd receive all of the net rental income.
You could put the whole estate into a trust but for most people that's overkill, if the priority is to make sure that the children will eventually benefit from your share of the house.
It's important that your house is held as tenants in common in order for the trust to take effect.
I do lots of these wills, and include checking the land registry records and, if necessary, severing a joint tenancy so that the couple then own as tenants in common.

TempleOfBloom · 15/03/2024 15:43

EauNeu · 15/03/2024 11:20

That's for the house but the OP mentioned money. Maybe I'm taking it too literally.

TBF the OP did say money.

ssd · 15/03/2024 16:59

@Mumblechum0 , thank you. Would you be able to send me contact details for you please? Or should i just google you?

And yes, i did say money but meant house, my apologies.

OP posts:
Mumblechum0 · 15/03/2024 20:17

Hi @ssd sure, you can contact me via the website, which is www.marlowwills.co.uk

user8800 · 15/03/2024 20:29

Marlowe wills
@mumblechum1

ssd · 15/03/2024 22:45

Thanks, i will do

OP posts:
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