Daughter making a will leaving everything to husband

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loulou41
loulou41 Posts: 2,871 Forumite
in Deaths, funerals & probate
My daughter and husband are going to see a solicitor to make a mirror will. She is leaving everything to her husband. The house I helped her to buy is in her name and they have a 2 yrs old son. It is a delicate matter as I cannot tell her to leave the house to her son and give her husband life interest. My main concern is we worked very hard to help her buy her house which she owes outright and I want to make sure it goes to her son. She does not like me saying what happens if the husband remarries and have children with his new wife which can happen whether she likes it or not. No matter what I want the house to go to my grandson. Is there a clause she can put in her will to make sure the grandson inherits the house and nobody else from her husband side? Thanks

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  • zagfles
    zagfles Posts: 20,323 Forumite
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    Surely if she got divorced or her husband ran off with another woman, she'd redo her will?

    The more relevant issue is what would happen if they divorced - the house would be marital property and therefore likely split on divorce regardless of who owns it.
  • theoretica
    theoretica Posts: 12,305 Forumite
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    You (and she) could investigate discretionary trusts
    http://www.housingandsupport.org.uk/ownership-through-a-discretionary-trust

    Think about what happens if they have more children too.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • loulou41
    loulou41 Posts: 2,871 Forumite
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    No I did not make any condition, it was an unconditional gift, she was single at that time. The solicitor did ask me whether I want to put a clause and I said no. In my will I left everything to my husband but my husband contributed to the buying of our house, her husband did not have the means to do so and they were just engaged at that time. I do see your point, it is just what my daughter will think of me and I do not want to cause problems in the marriage. He is a good man and I trust he will do the right thing if circumstances change. I will just let them get on with it. Thanks for your advice.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    edited 16 October 2014 at 6:46AM
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    loulou41 wrote: »
    My daughter and husband are going to see a solicitor to make a mirror will. She is leaving everything to her husband. The house I helped her to buy is in her name and they have a 2 yrs old son. It is a delicate matter as I cannot tell her to leave the house to her son and give her husband life interest. My main concern is we worked very hard to help her buy her house which she owes outright and I want to make sure it goes to her son. She does not like me saying what happens if the husband remarries and have children with his new wife which can happen whether she likes it or not. No matter what I want the house to go to my grandson. Is there a clause she can put in her will to make sure the grandson inherits the house and nobody else from her husband side? Thanks
    Whilst I can understand your feeling it is entirely up to her what she does. The important thing is she makes a will and keeps it up to date if circumstances change.
  • Old_Git
    Old_Git Posts: 4,744 Forumite
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    surely without a will everything(including the house ) would go to her husband anyway.
    "Do not regret growing older, it's a privilege denied to many"
  • WestonDave
    WestonDave Posts: 5,154 Forumite
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    It would be entirely possible to leave the husband a life interest but I wonder if its more problematic than its worth. Firstly that sort of restriction could make life much more difficult for him and the son in the future - daughter dies, son needs to be home for the son, and maybe needs the capital in the house to support the son beyond what benefits or working around school hours allows - he can't as he can't sell the house. Or husband and son need to move to get him into a better school.


    Alternatively husband remarries and has another child that son thinks of as their brother/sister - not going to be a great relationship after one of them gets a house on their dad's passing and the other gets nothing.


    If the husband seems a decent sort who puts his child first then I'd leave it down to him to do the right thing.
    Adventure before Dementia!
  • specialboy
    specialboy Posts: 1,436 Forumite
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    Tbh OP you sound like the nightmare mother in law, it's got nothing to do with you what a married couple do with their assets
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