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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 841
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner and i have been together years and she has

Resolved Question:

My partner and i have been together for 15 years and she has 2 adult children from a previous marriage. I have no children.
We both own our own properties.
We have recently been discussing getting married and my partner has been advised that without a pre-nuptial arrangement i could potentially ignore her Will in the event of her death and as her husband I would have legal claim to her estate (my partner's Will leaves most of her Estate to her two children). Can you advise if this is correct and that i will need to sign a prenuptial agreement in order for her Will to remain unchallengeable?
Also we are considering purchasing a house jointly, can you also advise what impact this would have on us if we do get married. We are not sure how to deal with this but depending on our relatively ages at the time of death we would probably want to let the living partner stay in the house if he/she wishes to and then allocate the estate after the living partner has deceased.
I have not drawn up a Will yet but have a younger sister and a nephew and 2 nieces. I would probably elect to leave a third of my estate to my partner (or her children) and a third to my sister and a third to my nephew and nieces
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. I can confirm that a marriage actually revokes all previous wills. This is absolute. If no further will was made after the marriage then the previous will made before the marriage would be considered as revoked and if there was no further will then the person who passed away would be considered as having passed away 'intestate' - which under the current rules means that: The husband or wife keeps all the assets , up to £250,000, and all the personal possessions, whatever their value.The remainder of the estate will be shared as follows:the husband, wife or gets an absolute interest in half of the remainderthe other half is then divided equally between the surviving childrenIf a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place. In respect of purchasing a property together - this depends as to how you hold the property as legal owners as to how the property would be dealt with if one of you should pass away. If you hold the property as joint tenants then this property would automatically pass to the other owner upon death. This would not be included in the rules of intestacy - in fact it is separate - so the rules of intestacy as detailed above would still apply and the property would be in addition. If you were tenants in common - then the other persons share would pass as per the rules of intestacy. A Pre - Nuptial agreement is a way of recording an agreement between you as to what should have in respect of the matrimonial finances should you later divorce. This is therefore more relevant to divorce rather than death. The correct approach for recording wishes for death would be by making another will. Please note that any new will excludes the new spouse completely and does not make provision for them - then that spouse can contest the will under the Inheritenace (Provision for family and dependents) Act - on the grounds that they have not reasonable been provided for. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
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