inheritance

charlie2015

advice please my daughter has been married twice .2 children from first marriage 1 from second marriage .no will my daughter has recently had cancer hopefully now ok. if she should god forbid pass away .am I right in thinking 2nd husband would inherit all the estate .and at his discretion give the 2 oldest children anything my concern is the 2 eldest children would could receive nothing .at the moment everything is fine but anything can change in the future. there would be a house to sell so possibly quite a lot of money involved many thanks

Yorkshireman99

charlie2015 wrote: »

advice please my daughter has been married twice .2 children from first marriage 1 from second marriage .no will my daughter has recently had cancer hopefully now ok. if she should god forbid pass away .am I right in thinking 2nd husband would inherit all the estate .and at his discretion give the 2 oldest children anything my concern is the 2 eldest children would could receive nothing .at the moment everything is fine but anything can change in the future. there would be a house to sell so possibly quite a lot of money involved many thanks

The rules of intestacy are here.

https://www.gov.uk/inherits-someone-dies-without-will

Your daughter needs to ugently make a will as should her husband so that their wishes are followed. She should use a solicitor not a will writer or DIY. Then they need to keep them up to date as circumstances change.

Mojisola

charlie2015 wrote: »

am I right in thinking 2nd husband would inherit all the estate

my concern is the 2 eldest children would could receive nothing

It could get even worse. If he remarried and didn't write a will leaving an inheritance to the children, the second wife would inherit everything and none of the children would be entitled to anything (if they were adults by the time he died).

As Yorkshireman99 says - they both need to write wills, using an experienced solicitor who will guide them through the ways to protect all the children.

charlie2015

so children would if I have read this right . receive a small nominal amount. thanks

Mojisola

charlie2015 wrote: »

so children would if I have read this right . receive a small nominal amount. thanks

If any of the children were still children (or as adults were still being financially maintained), they would have a claim against the estate of a parent.

Where do you get the idea of a nominal amount from?

charlie2015

from the government on previous thread maybe I have misread this many thanks

gettingtheresometime

Your daughter would need to find out if she didn't know, how any property is held - ie whether it's tenants in common or joint tenants.


If it's held as joint tenants the house would become her husband's automatically (at which point her children from either marriage wouldn't inherit anything from the house) and if tenants in common your daughter could bequeath her share of the house in whatever fashion she wanted.


Only if the house is held in the later form would the children stand to inherit anything if she hadn't made a will and provided her share of the house was over £250,000

Robin9

Has the 2nd husband adopted the children of the 1st >

charlie2015

no he has not adopted them many thanks

charlie2015

at present house in daughters name only no other assets

MEM62

charlie2015 wrote: »

at present house in daughters name only no other assets

I don't see what the issue is with having a will written. She cannot leave things to chance. A will need to be drawn up to protect her eldest two children or there is a very real risk that they will loose out.