mum's will

pukkamum

Hi just a bit of advice wanted please, we have finally persuaded my mum to make a will.
On the face of it it seems very straight forward, my 2 sisters and I would inherit the house to be divided equally and any monies in her accounts would be split between any living and future grandchildren.

However, she has a partner that she has been with for 16yrs, they don't live together per se although he spends most days and nights at her house he has his own flat and they are happy with it this way as they both have their own space.

I made the point to her that if she went before him she would want him to have something, he has done lots of DIY on the house and often gives her money towards bills etc but has never paid towards the mortgage, she agreed and so I said she needed to think about how much etc and put it in her will.

This has obviously been on her mind and has no doubt discussed it with him.
Yesterday she told me he has asked her to marry him.

Now if I was being really cynical (which I hate myself for as he is a lovely bloke and we all adore him) I would be wondering if he wants to marry her so he has a claim on the house (he has no property of his own).

Now mum has been a single parent for a very long time (although we are now all grown up) and she worked very very hard to pay the mortgage and always said her motivation was knowing she would have something to leave to us.

Now please do not get me wrong I do not in any way feel I am entitled to anything quite frankly it wouldn't bother me if I didn't get anything and I often tell her she should sell up and enjoy the fruits of her labour, however, this is not what she would want.

I have been telling her that she should let him move in properly, she is not getting any younger and I know this would be inevitable if one of them became incapacitated or less able as they would want to look after each other.

She made the point though that should she die before him she would not want him made homeless.
I suspect he is thinking the same thing hence the proposal, and suggested that she have a clause in her will allowing him to stay in the house until he died.

But, if they were to get married would he automatically have a claim on the house even if a will said differently?

I know this is slightly rambling and I am very wary of coming across as a money grabber this is really not the case, just want to put mum's mind at rest.

RAS

If they marry the existing will is null and void.

whitewing

I think it is possibly talking of wills has just made them think more about their own future together, especially as they have been together so long.

The sad thing for him now is that everybody is going to think they're getting married so he does benefit, as I am sure it changes things.

pukkamum

whitewing wrote: »

I think it is possibly talking of wills has just made them think more about their own future together, especially as they have been together so long.

The sad thing for him now is that everybody is going to think they're getting married so he does benefit, as I am sure it changes things.

Yes I know I hate that it has come up like this because when she first mentioned the proposal I was really pleased and happy for them and told her she should go for it.
If she wanted the house left to him then so be it however, I know she doesn't want that as when he died he would leave it to his son's.

pukkamum

RAS wrote: »

If they marry the existing will is null and void.

Even if she made a new will after marrying, leaving the house to us would he not still have a claim being her husband and living in the house?

Mojisola

pukkamum wrote: »

I suspect he is thinking the same thing hence the proposal, and suggested that she have a clause in her will allowing him to stay in the house until he died.

But, if they were to get married would he automatically have a claim on the house even if a will said differently?

As the house is hers, she could indeed have a will that gave him the right to stay in the house (and also move/downsize if he wanted) until he died or moved into residential care.

There are some issues to consider if the house is left to you three - there can be problems if all three don't agree about when to sell the house, the price it should be sold for, one wanting to buy out the others, etc.

A different option is for the will to tell the executors to sell the house and divide the money. Of course, if the three of you are executors that may not help!

RAS

Mum can leave the partner/husband a life interest in the property until he goes into care, dies or re-marries. After that the house is sold and the money divided between the children.

The issue to be aware of is that if she puts him on the deeds as a joint tenant, on her death he is the sole tenant. Therefore, regardless of the will, he own the house.

There have been a number of instances on here where second spouses have either been made joint tenants or have become joint account holders and transferred substantial amounts of money into accounts outside the estate.

getmore4less

pukkamum wrote: »

any monies in her accounts would be split between any living and future grandchildren.

That will cause problems.

pukkamum

getmore4less wrote: »

That will cause problems.

Could you expand on that?

pukkamum

getmore4less wrote: »

That will cause problems.

P.s I only mean grandchildren born after the will was made but before she dies if that makes sense.

Mojisola

pukkamum wrote: »

P.s I only mean grandchildren born after the will was made but before she dies if that makes sense.

Then the will shouldn't say "future" as that can apply to children born after her death and would mean money would have to be held back just in case any more grandchildren were born.