Joint wills

loulou41

Need some advice about my friend who lost her husband last year. She told me they made a joint wills and it cannot be changed. Acoording to the will everything goes to her two adult children when she dies. There is a clause she cannot sell the property to downside etc. The house is too big for her and she will have to consider downsizing but is not allowed to do so.As she is not allowed to sell the house I am wondering if she needs to go into a care home in the future will the council be able to sell her house to pay for her fees. She is getting on and think all this too much to take as have advised her to see a solicitor . Thanks

Yorkshireman99

loulou41 wrote: »

Need some advice about my friend who lost her husband last year. She told me they made a joint wills and it cannot be changed. Acoording to the will everything goes to her two adult children when she dies. There is a clause she cannot sell the property to downside etc. The house is too big for her and she will have to consider downsizing but is not allowed to do so.As she is not allowed to sell the house I am wondering if she needs to go into a care home in the future will the council be able to sell her house to pay for her fees. She is getting on and think all this too much to take as have advised her to see a solicitor . Thanks

Your advice is sound.

Flugelhorn

I think this sort of a will is called a "mutual will" - I know there are problems with them as oddly the second person cannot change their own will. Might seem a good idea to ensure that the estate does go to the kids in the end but can cause problems in other ways.
Am sure there was some discussion on here before - try searching mutual wills

Keep_pedalling

She definitely needs advice. Although she might not be able change her will, I cannot see how that particular clause is enforceable, she now owns the property outright and should be able do do as she wishes with it.

It sounds like it was added in an attemp to keep the house in the family which is a oretty silly thing to do.

SevenOfNine

I think Flugelhorn is certainly correct given what you have described, 'mutuals' are probably more appropriate for divorcees with own offspring when they remarry. I'm guessing this will was written years ago, before the consequences (such as you've described) were fully appreciated. She's probably liable for all the upkeep of the property as well.

The best thing to do is as YM99 has suggested, see a good solicitor. I'd take the 2 adult children as well in the hope that a solution (regarding downsizing & the cash that could free up) to suit all 3 may be found (if there even is one).

As for the council selling the home to pay for care home fees, I'd say not, but only because the will appears to be written so that no-one can sell it while she's alive - not even herself. But that's just a guess & perhaps someone can give a definitive answer.

Yorkshireman99

SevenOfNine wrote: »

I think Flugelhorn is certainly correct given what you have described, 'mutuals' are probably more appropriate for divorcees with own offspring when they remarry. I'm guessing this will was written years ago, before the consequences (such as you've described) were fully appreciated. She's probably liable for all the upkeep of the property as well.

The best thing to do is as YM99 has suggested, see a good solicitor. I'd take the 2 adult children as well in the hope that a solution (regarding downsizing & the cash that could free up) to suit all 3 may be found (if there even is one).

As for the council selling the home to pay for care home fees, I'd say not, but only because the will appears to be written so that no-one can sell it while she's alive - not even herself. But that's just a guess & perhaps someone can give a definitive answer.

Sound advice. It might be worth going to a STEP member as the joint will is, AFAIK, a form of trust and it should be possible to break it if all parties are agreed though it may cost a few hundred to do so. I too would like to know the answer about the care home fees but it it was that easy I am sure there would be lots of firms offering the service!

Flugelhorn

SevenOfNine wrote: »

The best thing to do is as YM99 has suggested, see a good solicitor. I'd take the 2 adult children as well in the hope that a solution (regarding downsizing & the cash that could free up) to suit all 3 may be found (if there even is one).

As for the council selling the home to pay for care home fees, I'd say not, but only because the will appears to be written so that no-one can sell it while she's alive - not even herself. But that's just a guess & perhaps someone can give a definitive answer.

I suppose one could hope that the kids are oblivious to this and assume that they will only ever get what is left after mum's needs as far as smaller property / carers / care home etc have been dealt with in her lifetime. Of course they may be expecting the whole thing :mad: but with a bit of luck will agree to sell / downsize and release cash whatever.


Re the council - could they put a charge on the property? always the problem of looking after the empty place, insurance, maintenance etc.

loulou41

Thanks for all your advice. The will was done years ago and he died after a short illness suddenly.He was an accountant I would have thought he could have reviewed it during his lifetime. My friend is aware she cannot change the will during her life time. Even the solicitor remarked this type of will is so uncommon these days. I doubt whether she will do anything about it. There will be a time when she will need to downsize or release equity but will not be able to do so. She said she will deal with these issues as they arise. Regarding care I guess the council can put a charge on the property and ask for the money back after it is sold. If it cannot be sold during her life time the only option will be for the adult children to rent the property. Does this make sense? She is this type of person who relies a lot on her husband to manage the finance etc and she is finding hard to cope and she is 73 yrs and it does not get any easier. Thankd

Mojisola

loulou41 wrote: »

She said she will deal with these issues as they arise.

She is this type of person who relies a lot on her husband to manage the finance etc and she is finding hard to cope and she is 73 yrs and it does not get any easier.

This is the problem with leaving things until they arise - if she's struggling to cope now, how will she manage in later years?

Better to investigate the options sooner rather than later.

What do her children think of this will that forces her to stay in an unsuitable property?

Keep_pedalling

Mojisola wrote: »

This is the problem with leaving things until they arise - if she's struggling to cope now, how will she manage in later years?

Better to investigate the options sooner rather than later.

What do her children think of this will that forces her to stay in an unsuitable property?

I would hope that the children would want to do what is best for their mother. Mutual wills can be revoked, and unless the benificiaries are going to create problems it is certainly worth pursuing now.

https://www.inheritancedisputes.co.uk/mutual-wills-formalities-and-shortcomings.html