Advice on husbands will

pollypenny

You definitely need a solicitor. You probably need a trust. 

However, as it's a second marriage with children from both, I can see the sense in tenants in common. 

A house with a further part-owner in situ is not going to be very saleable, anyway. 

TBagpuss

AskAsk said:

does it go to 50/50 tenants in common as default as i would assume this will be the split?

Yes, if you owned as Joint Tenants then when the joint tenancy is severed, you then own as tenants in common in equal shares (unless of course you both sign a declaration of trust agreeing to hold in unequal shares!) 

It doesn't matter whether the will is made before or after the tenancy is severed, what matters is what the will says and what assets you each have when you die.

e.g. if you had will saying 'I leave my interest in the house at 12 Acacia Avenue to Jane Smith" but then die while the house is still held as joint tenants, then Jane Smith is out of luck as  you can't leave something which isn't part of your estate.
Equally, if you wrote that will while the house is held as joint tenants,but by the time you died the tenancy has been severed, then Jane Smith gets her share as it was part of your estate when you died. 

It''s often not a good idea to put a property address into a will, as you not still own that specific property when you die - it can be more appropriate to leave people a proportion of your total estate, for instance. 

In this case, if your husband makes a will which doesn't give you any right to occupy the house, and if he then dies before you do, then there are a number of possible outcomes:
- You might be able to buy your step-son's share of the property (possibly by getting an equity release loan)
- You might be able to make an inheritance act claim if your husband's will didn't make reasonable provision for you.
- You might be able to negotiate an arrangement with your step son so the house doesn't need to be sold. (Possibly arranging that you will pay him occupation rent for his share of the property.
- You might decide that it makes sense for you to move and for the house to be sold anyway, especially if your pown health has deteriorated or you want to be closer to family. 
- Your own children might be able to buy out your step-son's interest 

sammyjammy

I can understand why your husband has done what he has, his son will inherit 1/3 of property as will your two children when you pass.  If he were to leave everything to you or remain joint tenants you could write a new will after his death and leave the house to your own two children leaving his out.  I've seen  it happen to a friend of mine and is very upsetting.

mason's_mum

sammyjammy said:

I can understand why your husband has done what he has, his son will inherit 1/3 of property as will your two children when you pass.  If he were to leave everything to you or remain joint tenants you could write a new will after his death and leave the house to your own two children leaving his out.  I've seen  it happen to a friend of mine and is very upsetting.

that's assuming there's anything left to inherit...
If the OP has to go into care then the 2 younger children could be left with very little.
Sounds like an adult conversation needs to happen - I would say your husband needs to provide for all his children equally - which he obviously believes he is doing through the seemingly unequal split. However, to those who are saying that the other 2 children will inherit their mother's half to even it up, don't forget that the first son also has a mother (I have no idea of the financial or family circumstances of the mother) whose estate he will inherit (all or part of, assuming again that anything exists)

crowie53

Thanks for your comments. His son has recently received his mother’s inheritance, he was her only child.  However my husband is obviously leaving me in a vulnerable position by not giving me a Life Interest should be die.

AskAsk

crowie53 said:

Thanks for your comments. His son has recently received his mother’s inheritance, he was her only child.  However my husband is obviously leaving me in a vulnerable position by not giving me a Life Interest should be die.

have you spoken to him and explain your concern about being thrown out of the house should he predecease you?  as a wife, i would expect my husband to think of me first before the children as the children are young and can look after themselves, but when my husband dies, i would be old and have no means to support myself, (theoretically speaking as i do have means, but you know what i mean)

mason's_mum

crowie53 said:

Thanks for your comments. His son has recently received his mother’s inheritance, he was her only child.  However my husband is obviously leaving me in a vulnerable position by not giving me a Life Interest should be die.

I agree with you - has he actually said that he wont give you life interest? does he have a reason why he doesn't want to do this?
personally I think it's very selfish and unless it was an oversight, I can't imagine why he would want to force you to move from your home.
I'd push him on this and maybe take legal advice - possibly if you go to write your own will you could ask the solicitor then.
Good luck!

crowie53

mason's_mum said:

crowie53 said:

Thanks for your comments. His son has recently received his mother’s inheritance, he was her only child.  However my husband is obviously leaving me in a vulnerable position by not giving me a Life Interest should be die.

I agree with you - has he actually said that he wont give you life interest? does he have a reason why he doesn't want to do this?
personally I think it's very selfish and unless it was an oversight, I can't imagine why he would want to force you to move from your home.
I'd push him on this and maybe take legal advice - possibly if you go to write your own will you could ask the solicitor then.
Good luck!

Please read my previous posts, it’s not an oversight. He had paid  £20 to a Will writing company because I saw the credit card statement. I assumed it was for the Will itself, but it must have been for advice. He had shown me a draft of a Will in an attempt to persuade me to co-sign the joint tenancy severance Agreement. I refused until  I saw a copy of a Legal will drawn up to included Life Interest. He obviously didn’t want to pay the cost of a Will with Life Trust  for me . A week later I found  the  deleted email he had sent to his son of a DIY simple will then went to visit him for the weekend. I have not yet mentioned the fact I know what he has done, and until I have my own Will in place.

crowie53

What I haven’t mentioned in my previous posts is the fact that my husbands Will states that his grandchildren will inherit should either of his children predecease him. His son has 2 children One of our children has 3 children, a low income single parent.The other has none as yet.  His 1/6 th to be divided equally between the other 2 siblings If he predeceases his father and has no children.  

My next post will probably in the Divorce section of the forum!

gettingtheresometime

crowie53 said:

What I haven’t mentioned in my previous posts is the fact that my husbands Will states that his grandchildren will inherit should either of his children predecease him. His son has 2 children One of our children has 3 children, a low income single parent.The other has none as yet.  His 1/6 th to be divided equally between the other 2 siblings If he predeceases his father and has no children.  

My next post will probably in the Divorce section of the forum!

In fairness, whilst not the same circumstances, that's exactly what my FIL put in his will - if my OH had predeceased his dad, then his share would have gone to our son.
My mum has also stated something similar in her will - if either my sister or I predecease her then our respective shares are to be split between the appropriate grandchildren - she's got 3 whereas we have only 1.