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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Good morning, my husband and I had a birthday party for my

Resolved Question:

Good morning,
my husband and I had a birthday party for my Father in law yesterday and my Mother in law asked my husband if he had a will and who will he leave his money for. I was quite shocked by this statement as my husband and I have always said to each other that it is our money and we will decide what to do with it together. However, I know that my husband has a will but I have never seen it, so I don't know who he is leaving his money for. Please can you let me know how UK law works for married couples regarding if one spouse unfortunately dies?
Can my husband leave his money for his family and not his wife in a will?
Can my husband decide for himself what to do with our finances even though we have built our lives together?
Do I have any rights as his wife regarding his and my finances?

Regards,

Sherry
Submitted: 3 years ago.
Category: 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.

Joshua :

May I ask have you asked your husband about his will? Do you have children?

Customer:

Hello,

Customer:

No I have not asked my husband about his will and no we do not have any children.

Customer:

May I add that my husband made this will before we got married. This was because we both bought our house before marriage.

Joshua :

Thank you. Did he make the will before you contemplated getting married or may he have been contemplating marriage to you at the time he made his will do you think?

Customer:

I think that he was contemplating marriage to me sometime soon when he made his will because we got married a little over a year later.

Joshua :

thank you. The law provides that a will made prior to marriage is automatically revoked upon marriage unless the person making the will provides a clause in the will that states that the will is being made in contemplation of marriage.

Joshua :

if your husband did not specify a clause in his will have stated he was making the will in contemplation of marriage to you, the will will be automatically considered void and unless he has made another well since he married you, if he passed away, he would die intestate

Joshua :

this would mean that if you have no children, you would inherit everything he owns under the rules of intestacy

Joshua :

if he had made the Will specifying that he makes the will in contemplation of marriage to you, then the world would stand however if he has failed to provide for you adequately in the will you would have a potential claim against his estate. A spouse must consider the spouse in terms of inheritance as the law requires spouses to adequately provide for each other on death

Joshua :

if you were to find that he had made a will which specifies that he made in contemplation of his marriage to you, in which case the well would survive after you got married, and he failed to provide adequately for you, you would have a claim under the Inheritance Act. the rules for a claim under the inheritance Act follow to some extent the same provisions as the courts consider when people divorce and there would be a starting point of your entitlement to 50% of his assets though the courts can increase or decrease this in order to ensure your provided for adequately. The court will consider the standard of lifestyle you are typically accustomed to in order to set any entitlement to ensure you are adequately provided for going forward in the same manner

Joshua :

ideally, you would both consider preparing new mirror Wills which work together in order to ensure that each of you is provided for adequately and to ensure that any inheritance tax should this be relevant to you ( it may be relevant if your combined estate is worth more than £650,000) is minimised

Joshua :

is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

I just need a minute to have a read as I might have another question?

Joshua :

Certainly of course...

Customer:

Hi Joshua,

Customer:

I cannot think of any questions at the moment. It looks like I have to speak to my husband about mirror wills.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

Is there anything else I can help you with for now?

Customer:

No thank you. I will contact you if anything more develops.

Customer:

Thanks for your help. Sherry

Joshua :

A pleasure - please do

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

Customer:

Many thanks Joshua, I will rate your service today and I will get back to you if there is anything else.

Joshua :

Many thanks.

Customer:

Hi Joshua, for some reason this site is not enabling me to give you a rating. It says that you have not finished answering and after I have received your answer I can give you a rating. But you have already answered. Am I doing something wrong?

Joshua :

Thanks for letting me know. There was a fault over the weekend which other customers reported to me. Apparently it is still to be fixed. Thank you for trying. I will make another report. please do not trouble yourself any further

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