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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I am a seventy one year old widow and I hold a Dutch passport. I have a passport in my own name that declares that I was married and to whom. (a U.K. National) . I want to marry again to a United Kingdom National; i.e.: born and bred in the U.K., a sixty-one year old single man, living on Incapacity Benefit and Income Support because of his Rheumatoid Arthritus, which was diagnosed in 1996. I am applying for Pension Credit. If I were to be married again, I have the following questions: -In case I am allocated a Pension Credit, how could this Benefit be affected? - If one partner receives this benefit, does that automatically apply to the other partner as well? -I would like to know what the implications the above mentioned information could have on my future husband existing benefits. Also, I would like to ascertain that my future husband would not be responsible for my funeral costs in case I die, nor for any of my eventual tax payments and vice versa. My income at the moment and for the foreseeable future is in any case below the taxable minimum. Would we need a ‘pre-nup’? As neither of us wants to incur each other’s assets or debts I would be grateful if you could point out any other advantages or pitfalls that I have not thought about. thank you for your attention Aria le Clercq


 


I would also like to mention that I receive a dutch pension of £ 250.--/month.

Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

Dealing with the question of your funeral costs first of all - I haven't been able to find a defintive answer to this - but my understanding is that the cost of your funeral should come out of your estate, ie paid out of YOUR total assets which you leave when you die. Many people take out insurance specifically to cover the cost of a funeral to avoid the risk that their estate will not cover the cost. Your husband will be treated as your next of kin on your death, so unless you've arranged in advance for someone else to organise you funeral, that task might fall to him - but he should be acting as the executor of your will and admistrator of your estate, so that the bills are paid from your estate, rather than from an account in his own name.I am a family lawyer, not a lawyer specialsing in wills and probate, so I strongly advise you to get some face-to-face legal advice from a lawyer who does specialise in this area about what you need to put in your will regarding the funeral and your estate generally, to avoid problems for loved ones after your death.

The Law Society can help you to find a local solicitor with this expertise:

http://solicitors.lawsociety.org.uk/

or look in yell.com, or go by personal recommendation.

You might also like to think about how to avoid a very expensive funeral eg what about a green funeral? Here's a website I found that may have some useful information:-

http://www.naturaldeath.org.uk/index.php?page=the-funeral-and-burial

With regard to your question about a pre-nup, short for a pre-nuptial settlement, I am not sure that it is approrpiate in your circumstances. It is usually used by VERY wealthy people, who agree before they marry that if they divorce, their assets will be divided between them as per the pre-nup. However, in the UK they are not legally-binding, and are very expensive to have drawn up. In addition, a pre-nup can only refer to the couple's own assets, and cannot change the legal position with regard to state benefits that either are eligible for.

With regards ***** ***** benefits, and your benefits, the position is as follows:
If you are living together as a couple, then any means-tested benefits will be paid at the rate for the couple - which is less than twice the single rate. It makes no difference whether you are married or not. Pension credit and income support are both means-tested, so will be affected if you start living together. The exact amount payable will depend on what other income you both have from non-means-tested sources eg his incapacity benefit, and your Dutch pension. The amount of savings you each have will also affect the outcome. You need to ask the Citizen's Advice Bureau to do the calculation. http://www.citizensadvice.org.uk/

Or you can try the calculator on this website:

http://pensions-service.direct.gov.uk/en/pension-credit-calculator/calculate.asp

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

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