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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I recently got married and as a consequence I have been made

Resolved Question:

I recently got married and as a consequence I have been made aware that our current wills are now void. We have not as yet drawn up new wills, however in the event that we were both to die at the same time before drawing up a will, how will are assets be distributed. We have individual assets in our own names such as property, pensions. My husband has two sons from previous marriage, I have none and we do have any children together, however I have two sisters and a nephew as other next of kin.
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Customer:

can you email your response please

Joshua :

may I kindly clarify with you - do you ask if you were to both die at the same time what would happen - i.e. if you will forgive the crude example, in a car crash together?


Customer:

Yes

Joshua :

thank you. As you quite correctly identify, any Wills either of you made prior to your marriage are made void upon your marriage unless those wills were declared to be made in contemplation of your marriage to each other by featuring clause within them that make such a declaration. I will assume they contained no such clause unless you tell me otherwise.

Customer:

no they were made some years ago before we consider marriage

Joshua :

on that basis, if you were to pass away before making a new will, you would each die intestate. In the circumstances, the intestacy rules would apply. If yuor husband were to pass away, you would be entitled to the first £250,000 of his estate absolutely and if his estate is worth more than £250K then any amount over that amount being divided equally between you and his children with your half share of such sum being held on something called a life trust ( this is where you have the benefit of the capital for your life but after your death the capital passes to his children).

Joshua :

if you were to pass away together at the same time, using as an example my above example of a car crash whereby it is not possible to determine who died first, then the law provides that the younger of you is deemed to have died second and therefore inherits the others estate on the above terms.

Joshua :

if you do not have any children from a previous relationship for this relationship, and you were to die first or be deemed to have died first as above, then your husband would be entitled to your entire estate

Customer:

My husband is 5 years younger than me, so does that mean that assets held in my name only, would be passed to his children in the event that we both died at the same time and none would pass to my sisters or nephew?

Joshua :

If you were to die before your husband of if you were to both die at the same time where you could not determine who died first then neither of these cases, if you had not made a will and you have no children of your own, your husband would inherit everything you own and nothing would pass to your sisters or nephew or indeed anybody else.

From there, your husband could do with your assets as he wished if he were still alive or if you were to die at the same time, and because he is younger than you, he would be deemed to have died second and accordingly, your assets would pass to him as above and then onto his children in equal shares.

Joshua :

if you would wish other members of your family to benefit from your estate in the event of your death, it would be extremely important for you to make a will at your earliest opportunity.

Joshua :

is there anything above I can clarify for you?

Customer:

No thank you

Joshua :

if there is anything further I can assist you with, please do not hesitate to contact me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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