House to be left to adult children

ahfat41

I have told my daughter if my adult son does not have his own place.  To let him have the main residence if I die.  The will said 50% each but I want her to give her share to him.  I have already helped her to buy her own house years ago which she owned outright.  She has agreed and I have left a letter of wishes with my will.  Will there be any problem, can she just remove her name as a beneficiary and leave her brother as main beneficiary and contact a conveyancer to deal with it?  I trust she will do the right thing.  I am elderly and do not want to change will and leave house to son only.

Mojisola

If you really want your son to get your house, you should write a new will.

All sorts of things might happen between now and your death.  For instance, if your daughter is claiming means tested benefits at the time, she will not be able to refuse her inheritance.

getmore4less

What if he gets his own place but has a big mortgage.
What if he delays getting his own place because of this potential inheritance.
What if she has kids and dies and the kids(or grandkids if they have died) don't want to do it or are under 18 and can't 
What if.........

Keep_pedalling

Letters of wishes are OK for things like funeral arrangements and disposal of low value chattels, but for this you need a new will.

AnotherJoe

ahfat41 said:

I have told my daughter if my adult son does not have his own place.  To let him have the main residence if I die.  The will said 50% each but I want her to give her share to him.  I have already helped her to buy her own house years ago which she owned outright.  She has agreed and I have left a letter of wishes with my will.  Will there be any problem, can she just remove her name as a beneficiary and leave her brother as main beneficiary and contact a conveyancer to deal with it?  I trust she will do the right thing.  I am elderly and do not want to change will and leave house to son only.

That makes no sense because you clearly DO wish to leave house to son only, and change your will, that's what your letter of wishes says ! 

In any case, you don't seem to have thought this through, if son is aware of this, then it's in his interest NOT to geta house since otherwise he won't get yours. And if son is not aware, daughter could "lose" the letter or otherwise decide it was only a wish so it needn't be carried Out. 

I suggest you see a solicitor and change your will properly. 

Mojisola

ahfat41 said:

I have told my daughter if my adult son does not have his own place.  To let him have the main residence if I die.  The will said 50% each but I want her to give her share to him.

Your new will also needs to allow for the possibility that you might not own a property at the time of your death.

xylophone

I am elderly and do not want to change will and leave house to son only.

It really would be the wisest course to contact a solicitor and make a new will.