Partners Will - Wrong Info

localhero

Hi Tallyho,

Legally, as has been pointed out his executors cannot give away property that he doesn't own, so it will be their problem and not yours. If he wants to waste time and money on a nonsense will I wouldn't worry about it.

There are some other important issues that I think you should address however. 1) if your son has learning difficulties/disability and he receives a gift from you, it may affect any benefits that he's receiving 2) If he's unable to deal with the financial aspect of receiving the gift from you then the Public Guardianship Office could appoint an Official Receiver to administer it on his behalf (which would of course cost money). There is a way round all of this, and that is there is a particular type of trust to prevent these problems.

The third issue, is that if you have left your estate to your son and your partner is still living with you when you die, then the law allows him to challenge your will on the basis that he is dependant on you by living in your house. If he succeeds then the court may give him a right to remain in your property for life (called a life interest).

If you would like to prevent that, then you need to make sure he's not living in your property when you die (or financially dependant on you in any other way). You might also like to consider revising your will to take into account your son's situation (depending on his exact circumstances).

tallyhoh

Hi Local Hero,

Some good points there that I have missed totally. I see what you are saying about wasting time and money but I was concerned that more time and money would be wasted after my death trying to sort out a silly lie.

I am hoping that the people I have appointed in my will, will be able to steer my son through probate. I have only the house to leave him.

At the moment I dont have a problem with partner staying in the house if I die before him. Son would need his father. To save money and stress with any court, would it be best that I amend my will to state that partner can remain till death? or would that give him an interest in the home that he could pass on to anyone when he died, if you see what I mean?

Thank You Again:A

tifnstav

Does he know that the house is going to your son? Maybe he has based his will on the assumption that he'll get it.
Its around £100 to amend your will, depending on the complexity - I would update the will if I were you as your circumstances will most likely have changed substantially over the last 16 years, even if you just think in terms of the value of the property.

tallyhoh

tifanstav,

He does know son will get house, he's under no illusions that he is going to profit from my hard work.

As you quite rightly point out I should be updating my will. Thinking about it there may be laws now that did not exist 16 years ago that may give him more rights now.

I will be seeing a solicitor very soon. Thank you for your comments and interest.:A

localhero

Hi Tallyhoh,

Yes you could give him a right to remain in your property subject to him paying for the outgoings on it. Upon his death it would pass to your son.

Your partner would not have any legal ownership, so he would be unable to sell it, mortgage it or give it away in his will.

You would need to appoint 2 trustees in your will to oversee things for you, and I would advise against making your partner one of them.

myrnahaz

There shouldn't be a problem with his will being dodgy as 1) if your partner dies first, you will still be around to sort it out and 2) if you die first, the house will already belong to son.
In South Wales, we have a thing called 'free wills fortnight' - this is an event that takes place around September and allows people to make free use of a solicitor for will-writing purposes - it's usually advertised in the local paper. Maybe there's a similar scheme in your area.

Edit: Look for Dora the explorer's post which states that free wills fortnight is also available in South East - she also gives a freewillsfortnight web address.

mountainofdebt

Not exactly the same situation but my late FIL partner was able to stay in the house that they lived in together for 5 years (previously the family home if you see what I mean) before his death provided she maintained the property and insured it. She was also resonsible for all the bills.

However she was only allowed to stay in the property on certain conditions e.g. that she didn't remarry and or co-habit.

She is also entitled to a certain percentage of the proceeds when the property is sold.

hth

Mojisola

It has got to be worth the money to have your will updated. Apart from anything else, your partner could argue, as part of a challenge after your death, that things had changed since you wrote it sixteen years. A more recent will would show you had thought about the current situation and knew exactly what you wanted to happen to your assets. If the money really is impossible to find at the moment, as a temporary measure type out a copy of your will and sign it and have it witnessed properly so that it is up-to-date timewise.

I would be far more worried about leaving my son in the hands of a compulsive liar. Even if his learning difficulties are minor, is it fair to expect a young man who would be mourning his mother to cope with the pressure his father might put on him? A good liar can convince someone vunerable that it's vital that a legal document is signed and, before anyone realises what's happening, the house belongs to your partner and your son is left with nothing.

Either get your will watertight or don't die first!