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Wills and testaments, husband refuses to severe joint tenancy so I can't protect my share...
SG00
Posts: 16 Forumite
Hi.
I am in a bit of a dilemma regarding Last will and testament issues. I have been living with my husband for about 20 years, we married about 3 years ago and we bought a property as joint tenants 2 years ago. We have no children and won’t be having any.
I want to write a will to protect my share. All the solicitors I contacted told me about mirror wills, but I am not happy with this option.
I want my share to ultimately go to my own family (2 siblings) when my husband and I are both dead, or to my chosen charity if my siblings are also dead. I am aware that as we are married and bought the house as joint tenants, my husband will automatically get my share. He has been very reluctant about writing wills and the biggest problem is that he absolutely refuses to severe our tenancy from joint tenants to tenants in common, which would allow me to put my share in a trust.
I am worried that my share either go to his own family or to his new partner/wife if he meets someone in the future.
So… I asked a couple of solicitors about writing a mutual/joint will (irrevocable) and they told me that mutual wills are very onerous and rare and that they do not accept instructions to write mutual wills.
Could someone help me and let me know if they have written mutual wills ? How much does it cost in the UK? Are there solicitors specialised in mutual wills ?
As my husband refuses to severe our tenancy, I am stuck and do not know what to do. Is there not any other way that I could protect my share ? Is it for example possible to include in ‘mirror’ wills a clause saying that these wills cannot be revoked or amended after the first partner dies ? (I read online that some ‘mirror’ wills were eventually considered being ‘mutual’ wills when the case went to court)… Or perhaps write 2 individual wills and add a special irrevocability clause in my own will, saying that MY will cannot be amended or revoked and specifically state that I do not want my husband’s family to have my share (and give all their names)? I am new to writing wills so I just don’t know what to do and would really appreciate some help there…
I am in a bit of a dilemma regarding Last will and testament issues. I have been living with my husband for about 20 years, we married about 3 years ago and we bought a property as joint tenants 2 years ago. We have no children and won’t be having any.
I want to write a will to protect my share. All the solicitors I contacted told me about mirror wills, but I am not happy with this option.
I want my share to ultimately go to my own family (2 siblings) when my husband and I are both dead, or to my chosen charity if my siblings are also dead. I am aware that as we are married and bought the house as joint tenants, my husband will automatically get my share. He has been very reluctant about writing wills and the biggest problem is that he absolutely refuses to severe our tenancy from joint tenants to tenants in common, which would allow me to put my share in a trust.
I am worried that my share either go to his own family or to his new partner/wife if he meets someone in the future.
So… I asked a couple of solicitors about writing a mutual/joint will (irrevocable) and they told me that mutual wills are very onerous and rare and that they do not accept instructions to write mutual wills.
Could someone help me and let me know if they have written mutual wills ? How much does it cost in the UK? Are there solicitors specialised in mutual wills ?
As my husband refuses to severe our tenancy, I am stuck and do not know what to do. Is there not any other way that I could protect my share ? Is it for example possible to include in ‘mirror’ wills a clause saying that these wills cannot be revoked or amended after the first partner dies ? (I read online that some ‘mirror’ wills were eventually considered being ‘mutual’ wills when the case went to court)… Or perhaps write 2 individual wills and add a special irrevocability clause in my own will, saying that MY will cannot be amended or revoked and specifically state that I do not want my husband’s family to have my share (and give all their names)? I am new to writing wills so I just don’t know what to do and would really appreciate some help there…
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Comments
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Can I just say you really need to relax about this, you'll be in no state to really care when it comes down to it!!
In all honesty, I think you need a frank discussion with your husband on where you'd like the money to go. My MIL just assumed that all our assets (we have no children too) would go to her granddaughter...she was a little surprised when we said that we didn't know yet. Since then, two other nieces and nephews have come along. An expert will come along but I'm sure that when your estate gets transferred to your husband, your will still stands alongside?This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
The problem is you don't have a share. You can't leave a share because you don't have a share.
You own 100%, he ALSO owns 100%.
Once you die it is his alone.
The only way is to sever the tenancy.0 -
You can divorce him and take half the cash out now, and buy a new place on your own2021 GC £1365.71/ £24000
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andydownes123 wrote: »Can I just say you really need to relax about this, you'll be in no state to really care when it comes down to it!!
In all honesty, I think you need a frank discussion with your husband on where you'd like the money to go. My MIL just assumed that all our assets (we have no children too) would go to her granddaughter...she was a little surprised when we said that we didn't know yet. Since then, two other nieces and nephews have come along. An expert will come along but I'm sure that when your estate gets transferred to your husband, your will still stands alongside?
Thank you for your reply. By 'your will still stands alongside', do you refer to any individual will that I may write for myself?0 -
That's what I thought. And he is refusing to severe the tenancy. He has 'forced' me to buy the house as joint tenants even though I was putting in the (big) deposit. I feel trapped now. I keep thinking that surely this can't be the only solution...
If severing the tenancy will cause arguments I cannot think of any solution which will not cause arguments.
He sounds selfish, and if he forced you into this you are not going to see your money unless you take control.0 -
By the same token you will get his 'share' if he dies before you.0
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What's more important - your very long relationship or your money and where it goes after you've died?
Perhaps he is concerned that he could be made homeless if you die first and leave your half of the house to your siblings?0 -
andydownes123 wrote: »Can I just say you really need to relax about this, you'll be in no state to really care when it comes down to it!!
In all honesty, I think you need a frank discussion with your husband on where you'd like the money to go. My MIL just assumed that all our assets (we have no children too) would go to her granddaughter...she was a little surprised when we said that we didn't know yet. Since then, two other nieces and nephews have come along. An expert will come along but I'm sure that when your estate gets transferred to your husband, your will still stands alongside?
What do you mean by that?
The Op cannot leave a will stating that her 'share' of the property goes to anyone as they have a joint tenancy. That needs to be severed now or on her death it becomes 100% his regardless of what any will says.0 -
That's what I thought. And he is refusing to severe the tenancy. He has 'forced' me to buy the house as joint tenants even though I was putting in the (big) deposit. I feel trapped now. I keep thinking that surely this can't be the only solution...
How did he force you?
Why do you feel trapped?
As has already been stated he cannot refuse for the joint tenancy to be severed so just do it if you feel so strongly about something that will go on when you are no longer here.0
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