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Can a will protect my share if my husband remarries?

57 replies

NoLongerATeacher · 08/06/2026 18:31

DH and I are in the process of updating our wills. We are both 60. Two adult children. Very straightforward in that we have mirror wills. However, DH is a lot healthier than me and both my parents died before 70. I expect therefore to go before him!

I would like it added to the wills that if I do go and he remarries then my bit of the estate on his remarriage would go to our boys and not new wife.

I know that if someone remarries all previous wills are defunct.

We are speaking to a solicitor next week but I’d like to have some idea if what I am asking for is possible or do I just rely on DH to make a new will after I’m gone to make sure the boys are covered.

We are in the UK and have been married for 40 years.

We both have a super relationship with our boys and I don’t think this would be a problem but I know of someone who did remarry then cut off all his family so you never know!

Is this doable? Thank you in advance for your advice.

OP posts:
ByQuaintAzureWasp · 13/06/2026 09:18

fintangel · 08/06/2026 19:32

Yes, you can in effect. You need to swap from joint tenants (where the house automatically will become in his sole ownership on your death) to tenants in common (where you each own your separate half and can leave it in your will). Then leave your half to your children, with a life interest trust to your husband. He can live there till he dies although your kids will own your half.

Correct. Can also stipulate that if he gets married again or cohabits the right to stay ends.

NoLongerATeacher · 20/06/2026 11:28

UPDATE

We have now seen the solicitor. Thanks to you lovely lot I was very well informed and I think he was quite impressed!

So we are going to have a life interest trust. House deeds will be changed to tenants in common. We are also adding ‘Wishes document’ that will cover both sons if one of them passes before us - their issue gets their share or if no issue their brother gets their share.
We are now really clued up re inheritance tax as well.
So Brenda down the road can’t now get her hands on my share if I go and he marries her 😂
I would say though that this has not been cheap to do but has made sense to do it.
We also have POA’s for finance and health over each other.
Thank you again and I hope this thread can help others in a similar situation.

OP posts:
GlobalTravellerbutespeciallyBognor · 20/06/2026 11:54

Thanks for the update.

There was a lot of good advice on this thread as you say but I’m wondering why the solicitor decided to do a separate wishes document rather than simply adding the relevant clause in your wills which would be almost the automatic thing to do. His standard form document will include this provision.

Maybe I’m missing something?

NoLongerATeacher · 20/06/2026 12:12

I think it was because it’s easier to update the wishes document at a later date if we wanted to rather than rewrite the whole will.

OP posts:
MeetMeOnTheCorner · 20/06/2026 13:06

@NoLongerATeacher That’s exactly what we have done! It’s useful to talk to a professional and get wording and documents accurate. We only have the wishes document for my jewellery though. Inheritance to DDs and their possible offspring is in the will.

GlobalTravellerbutespeciallyBognor · 20/06/2026 14:26

NoLongerATeacher · 20/06/2026 12:12

I think it was because it’s easier to update the wishes document at a later date if we wanted to rather than rewrite the whole will.

Thanks - makes more sense now.

ByQuaintAzureWasp · 21/06/2026 03:12

YetAnotherAlias62 · 08/06/2026 18:42

I'm not a solicitor so can't advise apart from to say please don't rely on your husband doing the right thing in the future. It happens more than you think that a widower remarries and leaves everything to the new wife....
Talk to a solicitor about how you can achieve this e.g. having your house deeds showing you as "tenants in common" so you can specify who gets your half if you die first, i.e. leave it to your children, but allowing your husband to stay there until he dies/remarries etc.

Edited

This

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