Irrevocable will

daveshe78

Hi I am new to this site and need help and advice.

thorsoak

If he has stated in the Will that this will revokes all previous wills, I'm pretty certain that it will stand. However, if his late wife left 50% of her estate to her daughter, then that will must take precedence as she has now died and her estate should be administered, as at the date of her death.

Mojisola

daveshe78 wrote: »

My husband and his late wife made an irrevocable will that when both of them die the house and any amount left in the bank will given to her daughther and grand kids. A couple of months ago he change his will and put everything in favour me. He has no contact with his daughter and grand children for almost a year now. It still bumped in my head that irrevocable will that they made before. Is the new will alright to make me secured? Will it help to add my name on the deeds. Your comments and advices will be appreciated.

Did the solicitor who wrote the new will know about the old will?

cte1111

I don't think that there can be 'irrevocable' wills in the UK. Assets can be put into a trust or can be left in trust to one party, with another party having use of them for life, and then they revert to the first party. You will need to check with your partner for more details.

Mojisola

cte1111 wrote: »

I don't think that there can be 'irrevocable' wills in the UK. Assets can be put into a trust or can be left in trust to one party, with another party having use of them for life, and then they revert to the first party. You will need to check with your partner for more details.

It is possible to write a will like this.

Our new mirror wills specifically say that even though the wills are identical, the survivor has the right to change his/her will to prevent someone claiming that they are irrevocable wills.

Alikay

cte1111 wrote: »

Assets can be put into a trust or can be left in trust to one party, with another party having use of them for life, and then they revert to the first party. You will need to check with your partner for more details.

This is what we've done with our wills, in part to prevent exactly what the OP and her husband want to do. Frankly I'd be furious if I died and my DH remarried, then planned to disinherit our children and grandchildren to leave everything to his new woman - I'd be coming straight back to haunt them!!:D

izoomzoom

Alikay wrote: »

This is what we've done with our wills, in part to prevent exactly what the OP and her husband want to do. Frankly I'd be furious if I died and my DH remarried, then planned to disinherit our children and grandchildren to leave everything to his new woman - I'd be coming straight back to haunt them!!:D

You really can't stop this though. Furthermore, if surviving partner does remarry, old will is no longer valid and if no new will made, assets can automatically pass to the new spouse.

However, you can protect your children by leaving your assets to them (in a valid Will) and owning your property as tenants in common. At least then your half (or whatever %) goes to your children (in trust).

Alikay

izoomzoom wrote: »

However, you can protect your children by leaving your assets to them (in a valid Will) and owning your property as tenants in common. At least then your half (or whatever %) goes to your children (in trust).

Yes, this is what we've done. Our home is our biggest asset and we are both tenants in common, each leaving our half to the kids with lifetime use for the other spouse. We were told it is useful if the surviving spouse needs to go into care too - govt can only take their half to fund costs.

daveshe78

Mojisola wrote: »

Did the solicitor who wrote the new will know about the old will?

Yes the solicitor knew about the old will. She told us that her daughter can contest that will to the court if my husband will die if she has money to fight for the case. She added that his daughter is not financially depndent to him and she has not been in contact with her dad anymore so she might get a little chances to win. I am not still worried.

daveshe78

izoomzoom wrote: »

You really can't stop this though. Furthermore, if surviving partner does remarry, old will is no longer valid and if no new will made, assets can automatically pass to the new spouse.

However, you can protect your children by leaving your assets to them (in a valid Will) and owning your property as tenants in common. At least then your half (or whatever %) goes to your children (in trust).

Hi Alikay,
My husband and his late wife has no kids. That daughter is his from his first marriage. His daughter did not talk to him for ages but when she found out that her dad had a good life with his new wife she asked her uncle to help her to get in touched with her dad. Its very clear what she is interested into. My husband had stroke and been in the hospital for almost for months but they never care at all she came to visit him when he was at the ICU and told me that hes not dying yet so im not stopping. I beg her many times if she can come to see ber dad with her all grown up kids as I spend every single day at the hospital as I want to be with him. Prayers answered that he was able to recover. I never heard her and never visited anymore for almost a year now.

FreeBear

daveshe78 wrote: »

She told us that her daughter can contest that will to the court if my husband will die if she has money to fight for the case. She added that his daughter is not financially depndent to him and she has not been in contact with her dad anymore so she might get a little chances to win.

If I were you, I'd take a look at Ilott-v-Mitson[2014] - This was a case where an estranged adult daughter was awarded £50,000 from her mother's estate despite being disinherited. If there are sufficient funds to contest the will, it is possible that this judgement could be referred to and sway the opinion of a judge. So don't count on it being a no-win scenario.