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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1441
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner and i live in North Yorkshire we are going to get

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My partner and i live in North Yorkshire we are going to get married this year and share a home. We are in our 60's. My partner is significantly more wealthy than i am. Currently his will states that all his estate will be left to his children. He wants to ensure that i will be looked after if he dies before me but things need to be fair for our children. I am about to sell me house and invest the proceeds in a house that he is building. we are not sure how to set things up legally and feel that we need some advice on this matter but we are not sure how to move forward .
Welcome to Just Answer
I am a Solicitor and will assist.
Firstly - please let me congratulate oyu on the forthcoming marriage.
The first thing that I think that you both need to know is that when you marry - any previous will automatically becomes revoked and no longer valid.
Therefore your husbands will of leaving his property to his children - would no longer stand if he was to pass away before you.
If your husband did not realise this and he was to pass away - then he would be ocnisdered as having passed away intestate and the rules of intestacy would apply. This means that you, as his spouse, would be entitled to the first £250k of his estate and half of the remainder of the estate. The other half would go to his children.
If your husband was to make a new wife and not make any provision for you in tis new will - then as his spouse, should he predecease you - you can make a claim under the Inheritance Provision for Family and Dependants Act. As a minimum your housing needs would be met.
It's therefore advisable of a new will was going to be made then provision be made for you so that you are comfortable in the future.
In respect of your investment in the property going to be build by your husband - I would say that you are best protected if you keep this separate. I would advise that you seek to own this new property as joint tenants. This would mean that should either of you pass away then the whole property would pass to the remaining individual. Holding a property in such a way means that it does not become part of a persons assets upon passing - but merely passes to the remaining owner.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
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Customer: replied 2 years ago.
Thank you that information was very helpful , am i able to contact you again after i have talked to me partner ?
Glad I could help
Of course - if I can help then please don't hesitate to ask.
Kindest regards