Wills - husband v children

ellay864

I'm not sure if this is the right place to post this but I'd said I'd ask for a friend as whatever advice comes back may also end up kind of useful for me!!
She and her OH each have 2 kids by a previous marriage (kids all grown up, no monies being paid for support etc). They've no kids together. They have separate bank accounts, and some separate savings/shares, with her having considerably more than him. He is aware that she has these - they're not secret but recently she got a small windfall that he doesn't know about yet! Thier house was hers, she got it from her divorce and though it's in her name, her and her ex have been very amicable and it's always been taken that his share of the house would go to their kids.
She basically wants everything split 3 ways in the event of her death - to her new hubby plus her 2 kids. If she doesn't make a will would that happen automatically? She thinks it would, I'm not so sure. Also she's said that as she wouldn't want to effectively throw him out to sell the house, she's want it that he could stay in the house but on his death it would then go to her kids. She doesn't want the house to go to his kids over hers.
Surely anything that's left to him is his? And then if his estate goes to his kids, they will get it regardless of where it came from? I've told her she'd be better to make a will stating just what goes to who, and has to accept that anything she gives her hubby would then pass to his kids (unless he willed it differently). But even if he made a will now leaving things to her kids, he could easily change that after her death.
I'm in a similar situation (but sadly with less savings, no windfall lol) and am intending on making my will so that everything is stated as being split to my OH and my 2 sons in equal measures. She thinks that's not necessary. Am I being too cautious or is she too naive?

Bubby

Are they married?

It sounds quite straightforward what she wants to happen but it won't follow that path if she doesn't make a will. If it goes to her OH (which it will if they are married) then he is entitaled to leave the entire estate to his children on his death. If they aren't married I think (not 100% sure) that it passes to her next of kin who would be her children however, he would have a cliam on the house as he has been living there so to avoid any conflict i would strongly suggest she makes a will asap.

maryotuam

I hope someone comes along with some knoledge of wills but I think you are right. I hate giving money to solicitors but this case is too complicated to be left to chance.

bryanb

I'd advise a solicitor who specialises in wills. Not a diy will, and I'd avoid will makers.
In November many solicitors will prepare your will for a charity donation. Google willaid.

jcr16

why run the risk of it may or may not happen. the Few hundred pounds it would cost for a proper one for the peace of mind is surely worht it. as far as oi'm aware without a will nothing is set in stone as to what would happen as each case is different.

Darkphaery

Bubby wrote: »

Are they married?

It sounds quite straightforward what she wants to happen but it won't follow that path if she doesn't make a will. If it goes to her OH (which it will if they are married) then he is entitaled to leave the entire estate to his children on his death. If they aren't married I think (not 100% sure) that it passes to her next of kin who would be her children however, he would have a cliam on the house as he has been living there so to avoid any conflict i would strongly suggest she makes a will asap.

Bubby is right, if she doesn't leave a will the money will go to her new hubby who could a. not write a will and the money would go to his kids at his death or b. write a will leaving it all to his kids anyway! My mum has just made her will as she is in the same situation. She was told if she didn't have a will the money would go to her 2nd husband (my stepdad) if god forbid they were in some sort of accident together and my stapdad outlived her for 28 days all her money and his money would be split between his 3 children from a previous marriage leaving myself and my sister with nothing (including our childhood home) It really is best to have a will drawn up, it's quite a simple process and puts a stop to all the worry!

brians_daughter

she can stipulate that the home gets left to the kids, but they will only be able to access its funds once her partner dies. She can stipulate that her partner can live in the house as long as he wants/his death/until he meets someone else ie cant live there with new partner. Once he moves out/dies/meets new partner the children can do as they please with the home

My brother has done a simular thing in the past when he got divoirced and met a new partner, house goes to kids but she can live in it until the above happens.

It is important to state who was responsible for repairs, buildings insurance etc. In his case the buildings and repairs are down to partner to rectify but in return kids would not charge rent. If the kids charged rent they would in effect be landlords so would be responsible for repairs, insurances and the like.

It is complex and needs a solicitor who specialises in family law matters and wills- Look into when will week is, basically you donate to a charity and a local solicitor does the will for free. They usually say they expect a donation of x but it is up to you what you donate.

dzug1

ellay864 wrote: »

She basically wants everything split 3 ways in the event of her death - to her new hubby plus her 2 kids. If she doesn't make a will would that happen automatically? She thinks it would, I'm not so sure.?

It would happen, but it wouldn't be an even three way split, and it wouldn't be simple. And if there wasn't that much hubby would get the lot.

Far better making a will with trust provisions as others have suggested.

neneromanova

She needs to get to a solicitor. SHe could put down in her will that she is leaving the house to her two kids but that her OH has a right to live there til he dies or decides to move. That way the money goes to her kids and not his.

Caroline73_2

My mum and step dad are the same. In their wills they state that if one dies, the other can live in the house (owned outright) until they die, and then it is split equally between me, my brother and my two step siblings. If the house needs to be sold for care bills etc then that is ok.

ellay864

Thanks everybody. You've all confirmed what I thought - that a will is deffo the way to go. My friend (who is married by the way) made me feel like I was being too alarmist and was sure she'd be OK - I'll show her these comments of yours as a 'told you so'! At the moment I'm OK with the will I have but I know when I get married next year I'll need to change it. She, and a few others, had said to go DIY but I'd pretty much decided against that cos of the situation which is very similar to hers. What's annoying is that I know paying solicitor fees will be tough (though worth it) but was prepared to do it...my friend is well able to pay for one but is planning not to!!