Father marrying partner - help needed on inheritance.

Adam79

Hi all,

My 65 year old father has recently proposed to his partner. She is 35 and doesn’t have any children from a previous marriage, and as far as I’m aware she hasn’t contributed to my father’s mortgage payments in the five years that they have been together. He has said that in the event of his death or separation from his partner he would like his estate to be equally split four ways between myself and my two brothers and his fiancee.

Now my question is:

If he dies before her, which is more likely given the age gap, would it be sufficient to simply put this in his will so that his estate is equally split the four ways, or is it more complicated than that?

Also, as far as I’m aware prenuptial agreements aren’t legally binding in England, so if they were to divorce in the future what is the best way to ensure that she would still be entitled to ¼ of the estate but no more, if this is possible, and would this change in the unlikely event that they had children together?

I appreciate any advice you can give me.

Thank you!

RAS

The chances of getting this sorted the way you hope are likely to be slim.

1. If a house is held as a joint tenancy on the death of the first party, the survivor takes it all.

2. The Inheritance Act means that if she is financially dependant on him, then she can claim support form the estate whatever is in the will.

3. If they have children even more so.

OH and in the event of a divorce the courts would probably give her half the joint assets anyway.

fluffnutter

Adam79 wrote: »

Hi all,

My 65 year old father has recently proposed to his partner. She is 35 and doesn’t have any children from a previous marriage, and as far as I’m aware she hasn’t contributed to my father’s mortgage payments in the five years that they have been together. He has said that in the event of his death or separation from his partner he would like his estate to be equally split four ways between myself and my two brothers and his fiancee.

Now my question is:

If he dies before her, which is more likely given the age gap, would it be sufficient to simply put this in his will so that his estate is equally split the four ways, or is it more complicated than that? < The will should be sufficient. Wills can always be contested of course, but in terms of whether things are 'more complicated' than simply leaving a will, not usually no >

Also, as far as I’m aware prenuptial agreements aren’t legally binding in England, so if they were to divorce in the future what is the best way to ensure that she would still be entitled to ¼ of the estate but no more, if this is possible, and would this change in the unlikely event that they had children together? < A prenuptial agreement is a separate issue to what happens if they divorce. If they divorce then financial agreement will be reached at that point and your father then amends his will (one assumes). She is then no longer entitled to this quarter share, rather any entitlement she has is sorted as part of the divorce. His remaining assets (the estate) can then be split three ways between his children and she has no further claim on anything. Things will be indeed complicated if they have children. It will affect the divorce settlement and also what happens if he dies without making a will. Say they have one child - his estate would be split equally between you, your brothers and your half-sibling. He can of course make a will leaving everything to this new child, or you, or his ex-wife if he wishes. A will *supposedly* overrides everything but again can be contested... >

I appreciate any advice you can give me.

Thank you!

Answers above. Are you looking forward to having a step-mum?

Dunroamin

Adam79 wrote: »

Hi all,

My 65 year old father has recently proposed to his partner. She is 35 and doesn’t have any children from a previous marriage, and as far as I’m aware she hasn’t contributed to my father’s mortgage payments in the five years that they have been together. He has said that in the event of his death or separation from his partner he would like his estate to be equally split four ways between myself and my two brothers and his fiancee.

Now my question is:

If he dies before her, which is more likely given the age gap, would it be sufficient to simply put this in his will so that his estate is equally split the four ways, or is it more complicated than that?

Also, as far as I’m aware prenuptial agreements aren’t legally binding in England, so if they were to divorce in the future what is the best way to ensure that she would still be entitled to ¼ of the estate but no more, if this is possible, and would this change in the unlikely event that they had children together?

I appreciate any advice you can give me.

Thank you!

Why would he want to leave money to his fiance if they'd split up? More importantly, what does he want to do if they don't separate?

fluffnutter

Adam79 wrote: »

... in the event of his death or separation from his partner he would like his estate to be equally split four ways between myself and my two brothers and his fiancee.

This doesn't make sense. You only have an estate to be inherited when you die. Is he saying that, even if separated or divorced he still wants to leave something to his fiancee? Perhaps he should make that decision at the time of separation or divorce. He might want a re-think

Adam79

Thanks for your replies!

Just to clarify - he obviously wouldn't want to leave anything to her if they divorce, but he was thinking more that if worst came to worst he wouldn't wan't her to get more than she would get in the event of his death. Particularly as she hasn't contributed to the mortgage payments etc.

Obviously I wish them well but as you can probably tell I'm not overly optimistic that this is going to end well...particularly as they have just got back together after splitting up for two months! ;-)

Nicki

A bequest to a spouse automatically fails on divorce and the will is distributed as though it had never been made.

Wills also become null and void on marriage unless expressly made in contemplation of marriage so if your father makes a new will now and has a long engagement he should make a new one when he ultimately does marry otherwise there is a risk he will be deemed to die intestate and his wife will inheritors than a quarter share under the intestate rules.

fluffymuffy

How about asking him to put your and your siblings names on the deeds now? Make it tenants in common. Then he can leave his bit to the new wife.

There might be Capital Gains Tax to pay one day - but only on the profit made between now and then, and each owner gets about £10,000 capital gains tax allowance before any tax is paid.

You might even find new step mum is less keen to marry....

DigForVictory

Ow.
I am cringing here, feeling your hunched anticipation of trouble ahead.

Deep breath.

She may be what he needs and wants (just as he may be what she needs & wants) but he's been & gone & proposed without consulting you lads. Not so besotted that he isn't clearly mindful of you & what you might reasonably hope for, but he's 65. He will, with luck, be good for decades & towards the end of those is when the estate is most at risk as he may need costly medical care.

Fluffymuffy's tenants in common idea is a neat way around splitting the estate without actually compromising him & his entitlements to future support. (As far as I know - I could well be wrong and the whole how to divide an estate with a view to tax mitigation & avoiding the risk of loosing the estate to care home fees is a minefield, so do please take advice?)

She's 35. Without asking some very personal questions, I wouldn't count on there being no further chidren for your father, at which point, little half-brother is as theoretically entitled as you to a chunk. From my MSE reading I gather children under 18 cannot own properties, but I'd expect Dad to want to make the little one as equal a tenant in common as you.

May I make a final swingeingly impertinent observation? Your dad has generously tried to reassure you that despite this proposed marriage, he hasn't forgotten you & your brothers have 'expectations'. What he isn't looking at (and how entirely human) is that there May Not Be much estate at the end. If he needs 24 hour nursing care, that has to be paid for somehow & that will run down all savings and then the house.

In your shoes, I'd make my financial plans *entirely* seperate to any inheritance, wish him a happy & successful marriage, and quietly hope for a quick death when it comes.

Which is a heck of a thought, looking at Christmas & a wedding & I can only apologise. Just an observer's perspective.

random1980s

haha at 65 I really hope I can pull a 35 year old, 25 year old would be even better

Person_one

Adam79 wrote: »

Thanks for your replies!

Just to clarify - he obviously wouldn't want to leave anything to her if they divorce, but he was thinking more that if worst came to worst he wouldn't wan't her to get more than she would get in the event of his death. Particularly as she hasn't contributed to the mortgage payments etc.

Obviously I wish them well but as you can probably tell I'm not overly optimistic that this is going to end well...particularly as they have just got back together after splitting up for two months! ;-)

So he wants to decide before they marry what she'd be entitled to if they separate?

Sorry, it doesn't work like that! If he isn't willing to go 'all in' in the spirit of what's mine is yours, then its probably better (for him anyway) that they just cohabit and make wills.