Will - excluding a child

fannyanna

POPPYOSCAR wrote: »

It does not sound callous, I understand your thinking.

But does this mean that you will not leave your share to your husband if you were to go first?

I'm not really sure on that bit.

DUTR wrote: »

Then you would have £50k (don't kill him), in intestate, the spouse/civil partner comes 1st.

I know about the intestate bit but I thought his child (well really their Mothers) could try and claim this money for them. Or is that only anything over an above the limits in relation to intestate?

Oh, and I wouldn't kill him. Sounds gushy but I love him so much that to me he's pricelss

molliejo

fannyanna wrote: »

I'm not really sure on that bit.

Oh, and I wouldn't kill him. Sounds gushy but I love him so much that to me he's pricelss

Not gushy at all, I feel the same about my husband and his past brings us nothing but grief!!

molliejo

fannyanna wrote: »

I'm not really sure on that bit.



I know about the intestate bit but I thought his child (well really their Mothers) could try and claim this money for them. Or is that only anything over an above the limits in relation to intestate?

What are the limits in intestate?

POPPYOSCAR

molliejo wrote: »

fannyanna wrote: »

I'm not really sure on that bit.



I know about the intestate bit but I thought his child (well really their Mothers) could try and claim this money for them. Or is that only anything over an above the limits in relation to intestate?

What are the limits in intestate?

I think it is £250,000

POPPYOSCAR

If I understand it correctly. If you die without a will the first £250,000 of the estates passes to the spouse. The remainder is then split equally
held in trust for spouse/divided between children.

Can't see why money is held in a trust for the spouse but thats what it says!

Under these circumstances I don't see how it can be contested as this is the law.

Perhaps someone who has done it and been successful will let us know!!

fannyanna

So if my Husband died tomorrow and left an estate of £250k it would all come to me and his exes would not be able to claim any of the money for his biological children who he is currently maintaining?

princessdreamer

fannyanna wrote: »

So if my Husband died tomorrow and left an estate of £250k it would all come to me and his exes would not be able to claim any of the money for his biological children who he is currently maintaining?

Think the answer is no if they are under 18 they would still get their share

Mojisola

princessdreamer wrote: »

Think the answer is no if they are under 18 they would still get their share

I'm sure this is right.

If the parents were together, the money that goes to the spouse would be used to support any dependent children.

If there are dependent children not living with the survivor, they would be able to claim for continued support.

fannyanna

princessdreamer wrote: »

Think the answer is no if they are under 18 they would still get their share

So even though in intestate the spouse comes first if there are children then they can try and claim some of the money.

I guess this then leads me back to my previous question:

What if my husband died (without a will) and between us we had £50k.

• Would I get the first £25k and the remaining £25k goes towards the trust for the children (and they suffer a shortfall); or
• Would the first £47k go to the children for their trust and I’d get the remaining £3k (with me suffering the shortfall)?

This just shows how complex inheritance is. I'll definately be going to see a solicitor as I'm even more confused than when I started :rotfl:

Mojisola

fannyanna wrote: »

So even though in intestate the spouse comes first if there are children then they can try and claim some of the money.

I guess this then leads me back to my previous question:

What if my husband died (without a will) and between us we had £50k.

• Would I get the first £25k and the remaining £25k goes towards the trust for the children (and they suffer a shortfall); or
• Would the first £47k go to the children for their trust and I’d get the remaining £3k (with me suffering the shortfall)?

This just shows how complex inheritance is. I'll definately be going to see a solicitor as I'm even more confused than when I started :rotfl:

They wouldn't automatically be entitled to £47k. They would be able to claim a proportion of the estate. Your needs would also be taken into account.