Should I make my own will due to arguments

sadie22

Hoping someone could kindly help me..........

This is my situation, my partner and I are unmarried, we have been living with each other for 13 years, we both have children from previous relationships, he has 3 from a marriage and I have one child with an ex partner (I have never been marrid)

We both have paid equal amounts on the mortage, which is now finished.

We spoke about getting a will done, this is where the disagreement begins: I wanted for my son to have 50% of our house if we both die and his 3 children to have the other 50%, My partner disagrees and said for the house to be shared between all kids 25% each.

So because we cannot agree, can I go and make my own will and is it possible for my son to get the 50% of the estate.
My partner has not made a will.

My partner and I have no intentions of getting marrid.

Linton

Who owns the house, or rather how? Do you separately own 50% or some other % each (tenants in common) or jointly own the whole lot (joint tenants)? If the latter the house is outside your and your partner's estates - it goes to the survivor. If the former you can do what you want with your part, but I suggest you consult a solicitor to get the wording exactly right. Do you want your partner to have to pay your son rent after your demise?

Keep_pedalling

Basically as long as the house is owned as tenants in common, then each half of the house will go to the children exactly who you want it too if you die intestate. If you hold the property as joint tenants then the surviving partner automatically owns the whole thing and can then leave it to whoever they like.

What do you want to happen on the first death?

cte1111

If your partner dies intestate (without a will) and if the property is owned as tenants in common, then his share will be split evenly between his children. If it is owned as joint tenants and he dies, then his share will go automatically to you, so you could then ultimately leave the whole house to whoever you wanted, in whatever share you want.

HappyMJ

sadie22 wrote: »

Hoping someone could kindly help me..........

This is my situation, my partner and I are unmarried, we have been living with each other for 13 years, we both have children from previous relationships, he has 3 from a marriage and I have one child with an ex partner (I have never been marrid)

We both have paid equal amounts on the mortage, which is now finished.

We spoke about getting a will done, this is where the disagreement begins: I wanted for my son to have 50% of our house if we both die and his 3 children to have the other 50%, My partner disagrees and said for the house to be shared between all kids 25% each.

So because we cannot agree, can I go and make my own will and is it possible for my son to get the 50% of the estate.
My partner has not made a will.

My partner and I have no intentions of getting marrid.

13 years together and don't have the security of a marriage. My advice get married. Nothing fancy just go down to the registry office and do it. The financial benefits of getting married if one of you dies would far exceed the cost of getting married. If he dies whilst you're not married his children get everything held in his name and you get nothing. If you're married you can claim a widows pension from his pension provider and the same applies if you die first. Not married = nothing.

If you're looking to protect your child's interests in the event of your death first then that's what you need a will for. You can use your own share of the household income and take out a life insurance policy on your own life and leave the proceeds of that policy to your child....but really...why provide for an adult child. They can look after themselves. They have the ability to work and earn an income for themselves they don't you wasting your money on life insurance so they can have a few pounds in their bank account when you die.

getmore4less

How much are your assets,

if joint tenants there is a nasty IHT pitfall of survivorship and no transferable nil rate band.

Alter_ego

If you really own 50% you can will it to whoever you want to.

sadie22

Thank you for your help, I see there is quite abit to read up on first then i'l pop to the solicitors

sadie22

Alter_ego wrote: »

If you really own 50% you can will it to whoever you want to.

I own 50%, we both placed 45k down each as a deposit of the home and both added to a joint account to pay the mortage payments,

The solicitor asked us what happens if will split, what percentage should each of us be entitled to, we agreed 50% each.

sadie22

getmore4less wrote: »

How much are your assets,

if joint tenants there is a nasty IHT pitfall of survivorship and no transferable nil rate band.

I'm just reading up on this thank you

Keep_pedalling

sadie22 wrote: »

I own 50%, we both placed 45k down each as a deposit of the home and both added to a joint account to pay the mortage payments,

The solicitor asked us what happens if will split, what percentage should each of us be entitled to, we agreed 50% each.

In that case you are tenants in common and can leave your half to whoever you like and he can do likewise. If you were both crushed by a falling piano tomorrow your estates would be split as per your wishes, however most people do not go together, so there is a big problem for both of you if you don't make wills.

Most people in your situation would provide for their other halves by providing with a life time interest in their half of the house, because if you don't do that the house would probably need to be sold to provide the beneficiaries with their inheritance.

For your protection he needs to do a will as well, you just need to convince him that you have the right to pass your share onto your son.