Wills and marriage

[Yorkie580]

Before my wife and I got married we had very basic wills that basically left everything to each other.

It's my understanding that now we've married the wills are obsolete. We've been told that we don't need them if we intend to leave everthing to each other.

Is this correct? Also we're expecting a child next year - does this affect what we require?

(For info, our house is jointly owned, although I put in the deposit and our solicitor wrote up the documentation to say that I would get the deposit back and then the rest would get split - this was pre-marriage).

[vehelpfulguy]

ALWAYS have a will.

If one of you dies without a will, even if you intend to leave everything to each other, other family members could make a claim on the estate.

If they won it could mean the house may need to be sold to get them their money.

Not having a will could also mean it may take a long time to sort overything it.

http://www.wisewills.co.uk/intestate.htm

MAKE A WILL.

[dot.hawkes]

you should only need to add a codicile to the original wills i think, ask your solicitor

[Yorkie580]

Thank you - I'll speak to my solicitor on Monday to sort things out.

[dannydingbat]

Forget the original wills. Unless you stated in them that they were made with the intention that they operated after your wedding, they would be null and void the moment the ring went on the finger.

You, at this moment, have no wills.

[Buenchico]

I used to write wills for a living and I'm happy to back up one of AB's resident solicitors, Danny, on this one.

Unless the wills were drawn up 'in contemplation of marriage', they were automatically revoked by your marriage.

Even if you weren't expecting a child, I'd still question the wisdom of assuming that, when one of you dies, everything automatically transfers to the surviving partner. When faced with a couple who asked me to prepare wills transferring everything to the surviving partner, my first question was always "OK, so what happens if you both die in the same car crash?".

Go to a solicitor and outline your situation and requirements. If he doesn't start asking lots of questions such as "Have you considered the situation where . . ?" or "What if x, y and z happened . . .?", walk out of his office and find a solicitor who actually knows how to do his job.

Chris

[Peter Pedant]

Yeah write a will for Chrissakes.

A will made in contemplation of marriage is not wiped out by that marriage taking place.

Otherwise it is. You need to see a solicitor and write a will

[Yorkie580]

Thank you all again - have spoken with our solicitor who - after a lot of questions - is drawing up new wills.