Legal question regarding making a will

[Juppie]

Hi Guys

This is my first post here but I am looking to get some advise on writing a will...

Myself and my boyfriend (well fiance as we are getting married next year) purchased a house together two years ago and it only occured to me recently that we dont have a will. The reason I think this is really important is because my boyfriend has a son from a previous relationship. We originally wanted to just do our own will up but because of the circumstances with his son I'm not sure if that is a good idea and maybe we should get some advise first. We want to make the will with our marriage in mind so that it doesnt have to change once we get married.

I'm confused as to what way the house would work if my boyfriend died. As we bought it together would it automatically go to me or does 1/3 go to his son? Does that change if we marry? I know my boyfriend has a moral obligation to provide for his son when he dies so which is the best way to do that? Should he state that he wants to leave a certain amount of the house to him or can he do that as its our house? Would his son have a claim on the house if my boyfriend did not leave him anything (not that he would not leave him anything but I'm not sure what way he can do it). What is the simpliest way to do this? Is the house mine or does some of it go to his son?

I know these are questions I should have asked when we first purchased the house but it didnt occur to me. I think its important that the will is clear on what will happen if my boyfriend or me passed away. I'm assuming if I die the house will go straight to my boyfriend as I have know children.

Thanks for reading!

Juppie

 

[Juppie]

Does anyone have any idea on what we need to do?

 

[Ralphie]

Do you know if you and your boyfriend own the house as joint tenants or tenants in common?

 

[ajapale]

Juppie,

Askaboutmoney is a completely free and voluntary community service and, as such, cannot always guarantee a timely response to all queries, depending as it does on somebody with the required experience or expertise being available to make contributions. If your query has not received any replies please don't duplicate it or reply to it/edit simply to bump it up to the top of the list particuarly if it has only been posted for a short period of time. Far from eliciting a more expeditious response doing so may actually have the opposite effect as many people see this as bad manners and will consequently ignore the query. On the other hand, if your query remains unanswered for several days/weeks then bumping it up to the top of the topic list may be justified. Your own common sense should tell you when this is justified and when it's not.

 

[Juppie]

Apologies ajapale I'm just getting a bit ansy as I really dont know what to do for the best but I know we need a will as soon as possible.

Ralphie we own the house jointly.

 

[ajapale]

Juppie,

I'm assuming if I die the house will go straight to my boyfriend as I have know children.

I dont think its safe to assume anything. You should consult a solicitor as a matter of priority.

 

[jpd]

When you say "jointly" is that as "joint tenants" or as "tenants in common" ?

If as "joint tenants" , on the death of the first person, the house becomes the full property of the 2nd.

If as "Tenants in common", on the death of the first person, his/her share is disposed of according to his/her will or if no will, according to the laws of intestacy

In either case, you ought to see a solicitor and have a will (or wills) drawn up

 

[ramble]

Any will is automatically revoked by marriage, go to a solicitor.

 

[Vanilla]

Any will is automatically revoked by marriage, go to a solicitor.

Not if the will is made in contemplation of marriage.

You must find out if you purchased the house as joint tenants or as tenants in common in order to know whether if either of you dies the other will inherit automatically or not.

As it stands if the house was purchased as tenants in common, if you die ( assuming you have no children and are single) your share will go to your parents, or if they are dead, to your siblings. If your boyfriend dies his share will go to his son ( assuming he was not married). This will change when you marry.

If you bought as joint tenants, you will automatically inherit each others share regardless of marital status.

If you make an appointment with a solicitor they will advise you on wills and your respective rights.

 

[ramble]

A will "in contemplation of marriage" is not something you can run off yourself and requires specialist advice. I was trying (probably not very clearly!) to indicate that wills are a complex business and should, in the main not be done at home. The cost saving is not worth the potential for error.