Mother In Law Will

pedrothewheel

Sadly my husband passed away recently,and his brother six months earlier and I am now just starting to get my head around things. His mother has asked me to ask this question, her immediate family as in her two sons and husband have all passed, and her will had that it should have gone to my husband, she doesnt want to change her will,as she thinks the house will automatically be passed onto me, which Im not sure will be the case. She does have sisters and brothers although she doesnt see them much, surely the house would go to them?

Yorkshireman99

It depends on the exact wording of her existing will. She needs to make a new one ASAP using a solicitor not a will writer. For £200 it is worth it for the peace of mind.

Newly_retired

I am not an expert, and it may depend on the wording, but I think it most unlikely that anything will come to you, though if you have children they may inherit their father's share.
She really ought to write a new will, given that it seems all the beneficiaries have died. Their bequests will lapse.
She could end up having her estate distributed according to the laws of intestacy, so you are probably right that her siblings will benefit.

Malthusian

Sorry for your losses.

To reinforce the above, if she wants the house to pass to you, she needs to make a new Will.

The Will could in theory specify that if her sons pre-decease her the legacy passes to their spouse. But it sounds like you don't know and even if she thinks it does it may be too long ago to rely on that.

And yes, if she dies intestate you will certainly get nothing. Daughters-in-law do not get anything under intestacy so even if all her relatives were deceased, the money would go to the Government.

ERICS_MUM

£200 for a new will is a tiny but vital expense when you're talking about a property that could be worth hundreds of thousands of pounds. If MIL has definite wishes she needs to commit them to her will.

Even if she is not close to her surviving relatives and their children, sure as eggs is eggs they will come calling after her death, as soon as they smell money. Even if they fight among themselves they would put on a united front to stop you getting 'their inheritance'.

securityguy

Estates following through deceased intermediaries to the deceased's beneficiaries' beneficiaries usually only applies to grandchildren; ie, if someone dies leaving bequests to their child, but their child has died leaving grandchildren, the bequest succeeds. Pretty much anything else fails, and under intestacy, even that fails. Daughters-in-law via deceased sons? Unless (extraordinarily unusually) written into the previous will, no. She needs a new will.

Robin9

Also - if the house is in joint names - get the solicitor to put in MIL's sole name.


PS Your own will ? Your own house ?

TBagpuss

Pastures New - you are mistaken. If MIL had died before her son,then his inheritance from her would be part of his estate and pass according to his will, but otherwise, unless MIL's will explicitly states that if Son dies the house goes to DIL it won't.

If Son has children then it would go to them (unless the will says differently), if he doesn't, it falls back into her estate and goes to her residuary beneficiaries.

She does need to review and update her will.

getmore4less

Some need to read up section 33 rules and correct their posts.

Mojisola

PasturesNew wrote: »

If your husband left a will - and his mother leaves a will - I believe the house/money will trace that route and you would end up with the house if your husband's will left all his estate to you.

If anybody says I am wrong... I will delete this post to avoid future confusion.

This is wrong. The OP's husband can't inherit from his mother because has already died.