Wills & Probate - FAQs

My Mum died of cancer 3 years ago. Now my Dad has met someone else and they are getting married. Dad says he wants to be sure that I get the house when he dies. Can he make a will now before he gets re-married and what should it say?

He can make a will ‘in expectation of marriage’ which will not then be revoked when he re-marries. In his will he can leave the house to you and provide for his new wife to have some rights of residence in the event of his death. He can also ensure that any money he has is dealt with in accordance with his wishes. If no will is made and he dies before his new wife she may inherit everything. Any will he made before he married e.g. at the time your mother was alive, will not stand if he gets married again.

 

I have been living with my partner for over 20 years. We have a son who is 12. My partner also has three children from previous relationships. The house is in his name. I have been told that there is no such thing as a common law wife and that if he dies I could get nothing, not even the house to live in. is this correct and what should we do?

You and your partner need to see a solicitor and make wills. It is correct that the children (all four) will share his house and money equally. You would get nothing without making a claim which may end up in the courts.

 

My father’s memory is getting a bit unreliable. He is going to need help soon with paying his bills and running his bank accounts and investments. Should I wait until he can no longer manage by himself or try and do something now?

It sounds like your father could still make a lasting Power of Attorney at the moment. Don’t leave it until his memory is really bad or it could be too late to make one.

 

My husband and I own our house together but we are both on our second marriages. We want to be sure our own children get our own half of the house but we don’t want to think that each other could be turfed out on the street when one dies. Can we put something in our wills about this?

Yes you can make wills which will guarantee that your family gets your share of the house and which also will allow your husband or wife the right to live in it. Don’t do nothing otherwise which family gets the house will only depend upon the order that you die in and the family of the first to die may get nothing.