Wife not adjusted will yet.

[belcam]

I married my wife recently having lived with her for a few years before. She has one daughter who is married with a family. The will is as it was before her late husband died, leaving everything to her daughter. I am now in the position that if my wife dies tomorrow, I would lose our home which is in my wife's name, which she bought before meeting me and any bank accounts which are hers as we have separate accounts. She has mentioned changing the will at one time but I have heard nothing since. I don't want to bring up the subject because I do know that the daughter does see me as a possible obstacle to her getting the will entirely to herself. If my wife does not change it, would I as her new husband have any rights. It is rather worrying that my wife could die and my step daughter could just make me homeless.

[seduraed]

Re: Wife not adjusted will yet.

you need to make new wills as the existing ones became invalid at the moent of your marriage.

[belcam]

Re: Wife not adjusted will yet.

you need to make new wills as the existing ones became invalid at the moent of your marriage.

Are you saying that my stepdaughter would not have the legal rights to anything either until a new will is made?

[Celestine]

Re: Wife not adjusted will yet.

In England, Wales and Northern Ireland, your Will becomes invalid when you marry or enter into a civil partnership, unless the Will clearly states that it was written in anticipation of you marrying or entering into a civil partnership with a named person. So it all depends how your wife worded her Will.

[belcam]

Re: Wife not adjusted will yet.

In England, Wales and Northern Ireland, your Will becomes invalid when you marry or enter into a civil partnership, unless the Will clearly states that it was written in anticipation of you marrying or entering into a civil partnership with a named person. So it all depends how your wife worded her Will.

Thanks for that but I'm in Scotland.

[Celestine]

Re: Wife not adjusted will yet.

Some areas of the law and legal procedures are different in Scotland:

• a child over the age of 12 can make a will;
• an inheritance can be taken from the age of 16;
• in accordance with the Legal Capacity (Scotland) Act 1991, when a child reaches 16 they no longer have a guardian and can receive inheritances. So, if you do not want them to take what they are entitled to at 16, you need to set up a trust and to specify the age at which you want the child or children to inherit; and
• some of the terminology is different in Scotland, such as ‘probate’ (the administration of an estate), which in Scotland is called ‘confirmation’.

Legal rights in Scotland

In Scottish law you cannot totally disinherit your spouse or descendants in a will. If you have children they will be entitled to a third of your movable estate – that is, everything except land and buildings – and your spouse will be entitled to another third. You can give the remainder to whoever you wish.
If you have no children your spouse will receive half of your movable estate. However, if your spouse or civil partner has died, your children will be entitled to half of your movable estate.
The spouse must decide if they wish to take their ‘legal rights’ in the proportions described above, or to take what they have been left in the will. They cannot take both. This does not apply to property that passes outside the estate, such as payments you may be entitled to from a pension fund, or an insurance company bond.


Courtesy of Age Scotland