Advice on husbands will

AskAsk

gettingtheresometime said:

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.

do you not think it is unfair and unloving to force your spouse to sell the house and move out when you die?  surely you should make sure that your spouse is looked after on your death?  if you don't then maybe you don't love them and so don't care, and maybe that is the best indicator of when you should go your separate ways.

Mojisola

gettingtheresometime said:

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.

The difference is that there are children from different relationships.

'His' son has already got an inheritance from his mother and now stands to inherit a larger share of his father's estate than 'their' children.

If their child without offspring dies before the father, then his son (or his children) benefit even further.

maman

I have huge sympathy with the fact that your DH isn't giving you a life interest in his half of the house. But on the issue of his son having an inheritance from his mother, while it feels unfair, that's not part of the estate. Similarly, the fact that your DD needs the money more isn't really a fair way to consider how much to leave each of them. 

We have a similar situation. We are tenants in common with a DD each from previous relationships. Eventually our DDs should inherit half each from our estate. The wills are written so that neither of us can cut out either DD (not that we think it would happen). We've done that so they both feel equally 'valued' . DH's daughter has already benefitted financially from her mother (paid off her mortgage). My DD has received little from her father. She might eventually but I've no idea how he's chosen to arrange his finances.That's his choice. 

My point is that we can only choose what we do with our own finances not someone else's. Out of interest, will your DD inherit from her own father (apologies if you've already explained that). 

gettingtheresometime

AskAsk said:

gettingtheresometime said:

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.

do you not think it is unfair and unloving to force your spouse to sell the house and move out when you die?  surely you should make sure that your spouse is looked after on your death?  if you don't then maybe you don't love them and so don't care, and maybe that is the best indicator of when you should go your separate ways.

I would think it a very strange decision yes but after 40 years of marriage I'd like to think I could discuss why he'd chosen that course of action.

Mojisola said:

gettingtheresometime said:

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.

The difference is that there are children from different relationships.

'His' son has already got an inheritance from his mother and now stands to inherit a larger share of his father's estate than 'their' children.

If their child without offspring dies before the father, then his son (or his children) benefit even further.

My mum had this train of thought when when trying to decide what to do in a what if situation.
yes she did initially think it would seem to be unfair if my sister's children were to inherit less individually but eventually decided that it was the only fair way of doing it.