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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my partner and me are not married but are joint owners in our

Resolved Question:

my partner and me are not married but are joint owners in our house.we have both been married before and have two grown up sons from our previous marriages. we have both made individual wills deviding the value of our house between the four of them. I am retired and have a company pension but I am told that any benefits she may be entitled to will be at the discretion of the trustees. if we marry they will be guaranteed. this is after die. our problem is if we marry could it cause inheritance problems for the four children.would the surviving spouse be able to claim the house and divide its value as they see fit. we would like our existing wills to stand but I understand marriage would make them null and void. we realise if we don't get this right it could cause very bad feeling.could you help please
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
In the event that one of you dies would the other have sufficient funds to care for themselves?
Clare
Customer: replied 2 years ago.

my partner would find it difficult to manage. however we do not want our children to be treated any differently if marriage gives the surviving spouse complete control of our joint assets we will have to think again.

Expert:  Clare replied 2 years ago.
Hi
Provided you make new Wills after the marriage which set out your wishes then there should be no problem.
It would be possible for your spouse to make a claim against the Estate if she feels that proper provision has not been made but provided no such claim is made then the wishes expressed in your (new) Will will prevail.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hello clare thankyou for your answer. as a result ihave arranged a meeting with our solicitor shortly. our last wills were very expensive i am hoping to avoid this. so if you could offer any suggestions i would be grateful.many thanks for your help. Peter Collie

Expert:  Clare replied 2 years ago.
Hi
There should be no reason for the Wills to cost more that £200 for both (and they should cost considerably less?
Use your current Wills as a guide to drawing up the list of what you wish to achieve
Clare
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