Making a Will in considering of divorce

[GoneGirl7979]

I moved into my husbands property 5 years ago and we've been married just over 1 year ago. We both made wills prior to the marriage and discussed we would make new ones after our wedding. I've not got round to making one, and I thought my husband hadn't, however I've recently discovered my husband has made his, it's stored in his 'safe place' which I've found and read. I know it's his business to do as he likes, but I feel really hurt that he had arranged and set his up without saying a word. I dont believe he was ever going to mention it. He has 2 grown up children who upon my husband's death his estate is split 3 ways, the house is in a trust for the children. I have spoken to him about it as I feel I wouldn't be able to survive with the house, bills etc and his response was 'You've got a job. There wouldn't be a mortgage for you to worry about, you just need to pay bills,' goodness me. He earns double my salary and takes care of things. I love my husband but right now I'm contemplating a divorce. How do i make my will to reflect this. He has really hurt me, all becuase he has been secretive.

Marriage revokes a will.

Divorce doesn't revoke a Will, it just treats the.ex as having died.before you.

A.spouse has significant inheritance rights so he will need to make sure you are fine to prevent you contesting his Will.

It sounds as if your DH has.made you a life tenant of his house. Perfectly normal as.it stops his kids potentially being disinherited if he left you the house and you remarried.

Your DH needs to.store his confidential documents.away from.pryimg eyes.

Putting the house in a lifetime trust with it then going to his children is normal in this kind of situation. These days, lifetime trusts are usually written in a way that would allow you to downsize if you wish, so you won't be saddled with a house you can't afford. Writing his will in this way ensures his children will eventually inherit - you can't disinherit them, either intentionally (by not including them in your will) or unintentionally (by remarrying and failing to make a new will).

He will clearly stop earning anything when he dies. Do you think he should have left you a bigger slice of his estate apart from the house? Is there enough for that to really make a difference?

As the previous poster says, there is no need for your will to reflect the possibility of divorce.

You don’t currently have a valid will, as when you marry it is void.
right now you’re effectively intestate so all to husband, and the nightmare of obtaining probate in those circumstances with it.
your husbands done right thing to get his sorted. It does protect you and his kids.
the only thing I can see he’s done wrong here is not to have told you. Admittedly this is not on. But, given your reaction maybe he was trying to avoid an argument with you.
if this is only reason you’re contemplating divorce, then I’d suggest you have a deep think first. Start with talking about your concerns about lifestyle if he were to die before you. Present facts and data of where you think the risks are for you. But a 1/3 of estate and trust on house seems pretty normal for most spouses with adult kids in second marriage.

you’re in a very short marriage, any divorce is based on “ fair settlement “. If you think that’s a route to better financial security at his cost, please do read all 8-10 criteria of fair settlement laid out in marriage act, if you’re not familiar with them.

you want to write a "revenge" will? Don't do it.

Do you think the house should be left entirely to you?

He would then have no guarantee that you wouldn't then will it to someone other than his 2 DC. He has taken steps to make sure this doesn't happen, most would think he has been wise.

Perhaps he didn't tell you because he feared you would react badly?

Do you own any assets yourself?

Haven't really understood the thread, OP, but depending on jurisdiction/where you live, the wedding would have revoked your DH's previous will and left him intestate which might not have protected you as well as the life tenancy in some circumstances. It's up to you but is it his making the will or the contents of the will that has led to you contemplating divorce?

Are you really contemplating divorce or angry and wanting to make a statement?

Would it be helpful to sit down with your DH and look at what income and costs might look like in the unfortunate circumstances of any early death to see if a life interest plus you earning an income might be viable? Otherwise perhaps try and think what you want and how that might appear to him. He might not want to disinherit his adult children which some might consider admirable though you may see that paternal interest as disadvantaging you.

Good luck.

It's normal for a person to leave their property and assets to their children. If it's left to the new spouse they will probably leave his money to their own family.

This secrecy and sneaking is no good, and I mean that to both of you.

You shouldn’t be looking at his private papers. You should discuss together the arrangements if one of you dies. And you need to make a will asap.

Talking about divorce is very dramatic if this is the only issue. Sit down and discuss it sensibly. If you don’t think the life interest in the house and 1/3 of the rest of the estate is workable, you need to discuss it like adults not start threatening divorce. FWIW it’s a fairly common set up.

I'm another who agrees that what your husband has done is very normal. It would be different if you had bought the house together, or had children together but you don't.

His first priority is and should be his children.

His Will sounds sensible and like I would expect, if not slightly generous in your favour. You should be discussing a life insurance policy to give you some money when he dies if that’s what you need.

The only issue here is that he did his will without discussing it with you, which is weird to do in a marriage (in my view). I wouldn’t see that as divorce territory but I would be having a sit down with him to say we’re a legal partnership now so we should be taking legal actions together and not doing them in isolation. But it’s up to you whether you think it’s grounds for divorce (but it sounds a bit rash in a new marriage where you’re presumably still trying to find your feet on how to operate as a married couple).