Do I need a will?

[Mudddypaws]

I am presuming we need to get a will but am not sure if we really do. Engaged to dp and one dc. Getting married next year. Joint ownership of house, pensions and share schemes all nominated to each others names. Both have life insurance to cover mortgage. We would want any addition assets and savings to go to ds. Is there anything else that I haven't considered?

Please get a will. If both of you die, you'll need to nominate a guardian for your children.

It's minimal admin for you to make one now, and maximum admin for those left behind if you don't. So please do it.

Yes you both need to make a will as soon as possible after you get married. Not before, as a marriage invalidates a will.

I'm sure having a will won't make things worse, so just get a will. Is your son both of yours?
Also, I believe (not a lawyer) getting married invalidates any pre existing will (?)

Of course you could make one now, but you would have to make a new one after you get married. What arrangements have you put in place for guardianship of ds in the event of your death?

Yes you both need to make a will as soon as possible after you get married. Not before, as a marriage invalidates a will.

Actually I would make a will now as I think it's more important while you're not married. Its likely to be the same will as after marriage so you can just reprint and relate and sign.

@endofagain

Yes you both need to make a will as soon as possible after you get married. Not before, as a marriage invalidates a will.

You can get a will which isn't invalidated in marriage but you need to get it professionally drawn up with that intention.

I can't remember the exact words in ours but it stated the will stood in contemplation of marriage to my DH so we didn't need to redo it.

@endofagain

Yes you both need to make a will as soon as possible after you get married. Not before, as a marriage invalidates a will.

Not necessarily - you can word a will so that it’s valid after marriage as well.

In fact I’d argue that a will is even more important before marriage as the DP wouldn’t be entitled to anything of the OP’s by intestacy rules.

@endofagain

Yes you both need to make a will as soon as possible after you get married. Not before, as a marriage invalidates a will.

You can make a will now "in contemplation of getting married" so you wouldn't have to do it again. I would do it now - very important if you're not married. After you're married It's slightly less important but still useful of course (I work in probate).

Just to add, pp are right and you can draw up a will now in contemplation of marriage, and if you then get married within a certain time period (a year, I think), you won’t need to re-do it on marriage. That was my understanding when we did ours, anyway.

Yes, that is true of course, but you have to make sure it is correctly worded, and ask the solicitor to ensure it is.
My friend has just emerged from a very expensive 3 year legal action because the very expensive solicitor didnt advise the terminally ill person on this point when he wanted to leave his estate to his children. The solicitor knew his carer had organised the wedding for the following day. He died 24 hours later and she got the lot.

Thank you all so much for the replies. Brilliant advice, will go ahead and get one sorted.

If it's the same will just print another copy with your wedding date on, take it to the wedding and get the wedding witnesses to sign it, job done.

Think about assets in the event that you die but DP doesn't. Would you want those to go into trust for your son or would you be happy if DP were to remarry and any assets go to his new wife/children when he dies and vice versa.

To add some context to that, my mum died and life insurance, house etc all passed to my dad. My dad then remarried but died a few years years later leaving everything to his new wife. She has now remarried. Me and my brothers ranged from 12-28 when he died but were essentially disinherited by accident along with being orphaned.

@HalfShrunkMoreToGo

To add some context to that, my mum died and life insurance, house etc all passed to my dad. My dad then remarried but died a few years years later leaving everything to his new wife. She has now remarried. Me and my brothers ranged from 12-28 when he died but were essentially disinherited by accident along with being orphaned.

So sorry to read that. It happens so often and it is awful for the children disinherited. It is so important to get specialist IHT planning advice. We have put life insurance policies in named trusts for the dc. I have told dh he can have as many girlfriends as he likes after I go, but not to marry. That said, the number of people I know who have been manipulated into a quick marriage for financial gain, including twice in my own family, is shocking.

@endofagain

Of course you could make one now, but you would have to make a new one after you get married. What arrangements have you put in place for guardianship of ds in the event of your death?

Not true. You can make a Will in anticipation of marriage.

Regardless of ownership only SOME of your estate may automatically go to your spouse. Your son can have an entitlement. Yes you may be happy for that but it makes your life very difficult.

Get a Will.

@HalfShrunkMoreToGo

To add some context to that, my mum died and life insurance, house etc all passed to my dad. My dad then remarried but died a few years years later leaving everything to his new wife. She has now remarried. Me and my brothers ranged from 12-28 when he died but were essentially disinherited by accident along with being orphaned.

Easy to avoid that happening by a will trust for the property. The first deceased's share of property goes to the children but the surviving spouse has a right to live there until they die. That stops a future spouse getting your share of the property.

Sadly, sounds like your Dad didn't think/plan things properly.