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I am a Solicitor and will assist you.
What you need to know is that remarriage does revoke any previous wills.
The position in relaton to any new property bought by your husband would depend whose name the property is in. If the property was to be bought in your husbands sole name and if your husband does want to pass on assets to your children then he can still do so by making another will after his remarriage. Your husband would have to make some provision for his new wife in his will as if he does not do so then she will have a claim under the Inheritance Act. If there marriage turned out to be a long one, over 5 years, then she is looking at an equal split.
If your husband didnt prepare a new will and the house was in his sole name then the new wife keeps all the assets (including property), 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 civil partner gets an absolute interest in half of the remainder
- the other half is then divided equally between the surviving children
If the property was in Joint Names with his new wife as Joint Tenants then the right of survivorship would apply and the whole house and all the equity would pass to the new wife if your husband was to pass.
If the property was in Joint Names with his new wife as Tenants in Common then they would each have eparate shares in relation to the property and your husband could write a new will to 'will' his share to his children. There is till the possibility of an inhertiance act claim with this option if there is no provision for the will in the will.
Unfortunately there is nothing you can do to enforce that your husband passes his share to your children.
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