Joint wills?

luckynot1211

Hi all,
Hoping some kind person could give me advice on a joint will?
Mil has passed away a few months ago and no one has seen a will.
She had lived with a partner for 38 years and we have been told their will was a joint one.
He is now getting re-married (properly!) to a woman he has known for only a very short while.
As you can imagine this is causing all sorts of family upset.
My mils wishes, (from what little we can gather,) were that all was left to him on provision that on his death half was to be split between her 3 children.
Would her wishes have to stand?
Any advice would be appreciated.

McKneff

If your mil has left no will (and i dont think there is such a athing as a joint will but i may be wrong) it means she has died intestate and anything that was hers personally would automatically pass to her children.
Unless they were joint tenants on a mortgage the house would automatically pass to him. Tenants in common is a different matter.

You will be able to have a half hour free session with a solicitor. Thats the way forward because i bet the partner is bricking it now.

luckynot1211

My oh has been to the solicitor tonight and asked if he can view his mothers will.
The solicitor has stated that their is no will in her name?
Then we have been told by my bil that it was a joint will?
The house was jointly owned, but the partner has claimed everything.
Could he do this without a will, and would it be legal?
We are finding it all very confusing

McKneff

No he cannot do this. Like i say can you find out if the mortgage/house was as
joint tenants or tenants in common.
If joint tenants the house would automatically go to him.
If tenants in common he would only own half the house, the other half would be passed to your mums children as she died intestate.

You really need to get legal advice. Face to face with a professional is the best way forward now. Or initially go to the CAB.

Dual

Hi lucky

Really sorry to hear about your situation. Whats the current relationship with your mothers partner? Are you on talking terms? - can you not ask him if your mum left a will and ask to see it? Get your mums solicitor to write and ask for it if there was one and he wont let you see it.

medders2604

Hi Lucky,
There is a type of will that does as you have said your MIL had but it is not usually recomended as once either party dies the will becomes legally binding on the survivor and cannot be changed at all.
As dual said I would either approach your MIL's partner and ask for a copy or get your Mum's solicitor to request a copy.
Good luck at getting it sorted and sorry for your loss.

luckynot1211

Dual wrote: »

Hi lucky

Really sorry to hear about your situation. Whats the current relationship with your mothers partner? Are you on talking terms? - can you not ask him if your mum left a will and ask to see it? Get your mums solicitor to write and ask for it if there was one and he wont let you see it.

The relationship with mils partner has collapsed completely.
My bil and sil wont ask him anything and my oh is not speaking to him, they had a big row about him marrying again so soon.
As i said earlier the solicitor that mils partner used says he has no will lodged in her name.
The only other way is me asking the partner i suppose

Nicki

There is such a thing as a joint will, which as medders says is irrevocably binding on the second party when the first dies. However, that is of no use to you if you can't find the will in the first place! Why does your b-i-l think that a joint will was made? Does he have any other info which might help you find it.

If no will for your m-i-l can be found then her estate will be administered as though she has died intestate. This does not mean that everything automatically goes to the surviving spouse. Depending on the size of the estate, there may well be something coming to her children.

You really do need to see a solicitor and have him or her make some enquiries to get to the bottom of all this, as it doesn't seem to me that you actually have enough information for anyone to form a view as to what the legal position is, and a solicitor will be able to get this info far quicker and easier than you will particularly if relations between the parties involved have already broken down.

luckynot1211

Just been talking to my sil on the phone.
My mil and her partner moved to spain for 2 years, returning a year before mil died.
There was apparantely a will made in spain, brought back with them on their return.
Would this be valid here?
Yet, the solicitor says, there is no will in mils name?
If this will was in her partners posession shouldnt he have taken it to the solicitor?
sorry for so many questions but we really are trying to make some sense out of this!

McKneff

again, you must seek legal advice. They will ask to see a copy of the will.
and he must produce it. or else.