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DH not made new will.

9 replies

talking · 03/05/2009 23:36

Our DD is 14 months.

We have been married for 2 1/2 years.

DH owned the house before we met and he pays the mortgage. I am a SAHM.

To be best of my knowledge,DH hasn't made a new will. I am worried that I will lose our home in the event of his death (which I hope will not be for a long time). He has life insurance.

OP posts:
seriouscase · 03/05/2009 23:43

In the event of a death the child inherits from the parent so if there is not a will saying it should go to you everything would go to your DD. You would be able to use any money so long as it is to provide for your child. However this is speaking from experience in Scotland so english law may be different. Things would be much less complicated if you both have wills though.

talking · 03/05/2009 23:51

I live in London.

OP posts:
MrsGJB · 04/05/2009 00:01

If your DH dies, any 'estate' is divided between you and the children, unless his old will states something different. Scotland is dofferent in that a parent cannot write his/her children out of the will - by law they have to leave them something.

talking · 04/05/2009 00:03

Thanks.

I thought a new will automatically cancels out an old one.

OP posts:
Tinker · 04/05/2009 00:05

Getting married cancels out any existing will. Effectively, he now has no will therefore you would inherit everything as his wife (within any IHT rules. I think)

seriouscase · 04/05/2009 00:06

MRSGJB my father left everything to my mother but I did have to right to contest it. I had to sign a document saying I did not want to contest for one sixth of his movable estate.

talking · 04/05/2009 00:07

So, even if DH has left things to his mother, this is cancelled in favour of his wife and child?

What about a rental property that is shared between him and 2 brothers, who receive a share of the rental income?

OP posts:
Tinker · 04/05/2009 00:11

Info here

Yes, by getting married and not making a will, he has no longer left anything to his mother. He would need to make a new will.

Can you not both go to a solicitor and get new wills? I sense that there's an ishoo here...

PortAndLemon · 04/05/2009 00:22

Unless his pre-marriage will was made explicitly "in anticipation of" marriage with you, it's been invalidated by that subsequent marriage so he has no valid will at all and the intestacy rules would apply (which means in your case that you would inherit his personal possessions and the first £125,000 of his estate, and then the remainder would be split in half with half going to your daughter directly and the other half going to your daughter but with a life interest to you. His mother and brothers would get nothing).

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