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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1171
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My elderley mum is getting married to a man who i do not trust

Customer Question

My elderley mum is getting married to a man who i do not trust & feel she has been overpowered into it.
Regarding the will im the executive but if my Mum dies before him what happens to the will & who becomes the sole dependant & are they able to re write this if my mum dies.
They have changed the will so that if my mum dies before him he would be able to stay in the house for as long as he is alive.
He has also put money into upgrading the house & whether he would have a claim to part of my & my brothers inhertiance.
they have already set a date without any discussion.
Many thanks
Graham Mairs
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Graham
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask:
- when were the wills changed?
- when are they planning to marry?
- what's the value of your mothers estate?
- is your mothers house in her sole name?
Kind regards
Caroline
Customer: replied 1 year ago.
Hello
will was changed 3 years ago
They are getting married on 23rd April
Not sure but estimated estate200K
My mums house i believe is in her name but would need to check
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
You need to be aware of a few things which directly affect your inheritance position.
A will is automatically revoked by a later remarriage.
This means it would be as though there was no will at all. If your mother passed she would be considered intestate.
The current rules of intestacy are such that the first £250k would go to her husband. He would also get a half share of anything over that and the rest would be split between your mothers children. From what you have said - if the estate was £200k and your mum didn't make another will aAFTER her marriage then the husband will get everything.
Please note that your mum can't exclude her new husband completely - as if she did you would run the risk of him seeking to challenge the will on the basis that he wasn't reasonably provided for.
In relation to your mothers house - if this is in her sole name then it will form part of her estate. Please be aware that if your mother was to add her husband as a joint tenant to the property - then he would inherit the property in any event if you mother passed first - this is known as the right of survivorship . The house simply wouldn't form part of her estate but pass straight to him.
Kind regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
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