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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1364
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband and I have been married 40 years, we have

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My husband and I have been married for over 40 years, we have two children and he has two children from a previous marriage. The broke all contact with him when they reached 16 and have had no contact since and therefore are not named in our will. The house is joint owned and will come to me and any savings have been for many years in my name only. I have no occupational pension from my husband and only a small one myself so we have done this so that I will have some form of access to money. Our own children are not named in the will either and are happy with this, how do I stand regards ***** ***** children.
HelloWelcome to Just AnswerI am a Solicitor and will assist you.Please can I just clarify:1) that you and your husband currently have wills that have been prepared and signed - which mirror each other - to the effect that whoever passes first - the other spouse gets everything2) none of the children are dependant on you or your husband.Is that correct?Kind RegardsCaroline
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Customer: replied 1 year ago.
This is correct
Thank you for your response.You need to aware that if you one of you were to pass then the other would need to make a new will setting out what you would want to happen after they also pass.If this is not done and the current will doesn't provide an alternative then the 2nd one of you that passed would be considered as passing intestate.This would mean if you passed 1st then your husband - then the estate would go to all 4 children - if no new will was made.If your husband passed first then you 2nd the the estate would just go to your 2 children and not his (as long as you haven't previously adopted his children). His children wouldn't be able to contest this.Be aware that if you were to pass first then your husband could simply choose to change his will to whatever he wanted and exclude anyone he wanted. Children couldn't challenge this unless they were dependant.Let me know if I can help you further.Kind RegardsCaroline