WILL

ronnies6

Hi, I have been married for over 35 years and have four step children. However whilst I have worked hard all my life (my wife never worked) I supported my wife and the step children and payed for almost everything. However my wife now wants us both to make a will, she has been very controlling all of our marriage and I have always conceded for a peaceful life. However, she wants us to leave everything to her four grown up children. I donot I want my half of the house to go to my sister. Can I make a will without her and state my wishes . Please help. Thanks

Mojisola

ronnies6 said:

Hi, I have been married for over 35 years and have four step children. However whilst I have worked hard all my life (my wife never worked) I supported my wife and the step children and payed for almost everything. However my wife now wants us both to make a will, she has been very controlling all of our marriage and I have always conceded for a peaceful life. However, she wants us to leave everything to her four grown up children. I donot I want my half of the house to go to my sister. Can I make a will without her and state my wishes . Please help. Thanks

Yes.  Use a solicitor (and this is one time that it could be worth making the solicitor your executor) and leave the will in storage with the solicitor.

In order to leave your half of the house to your sister, you will have to make sure that you own the house as 'tenants in common' and not 'joint tenants'. 

If you own it as joint tenants, then the survivor will own the whole house and it won't be part of the deceased's will.

If your wife insists on you making mirror wills, you can do this but then make the will you want in secret - discuss the pressure you are under from your wife and get your wishes documented by the solicitor - the new will will over-ride the mirror one.

ronnies6

Thankyou, but im still confused? Can I make a will with out her knowing stating my wishes if we both pass that my half goes to my sister or does being joint tenants mean she will have it all anyway or if she survives me she will have to give my sister my half? Thanks again

ronnies6

Sorry me again, if I get the bottle to state in my will I want my half to go to my sister does she have to honour this ?

Mojisola

If you make sure that your house ownership is as tenants in common and leave your half of the house to your sister, then she will inherit it when you die.

It's usual for a spouse to give a life tenancy to the surviving spouse so that they are not forced to sell their home - that would mean that your wife could continue to live there as long as she needs it but that half the property would be owned by your sister.  Giving a life interest also means your will couldn't be challenged on the basis of you not providing for your wife in your will.

Of course, it can also mean that your sister can't actually benefit from her inheritance for years to come.  If she died before your wife, your sister's share of the house would be passed on to her beneficiaries.

It sounds as if you need some face-to-face advice from a solicitor.

[Deleted User]

Hi,

I'm no expert, the will of whoever dies first will have precedence.

Mojisola

ronnies6 said:

Sorry me again, if I get the bottle to state in my will I want my half to go to my sister does she have to honour this ?

Your executor will have to - that's why it would be important to have an executor who is not part of the family.

maman

It's getting the house ownership changed to 'tenants in common' that is absolutely essential here. That's where you, in law, get to own half the house each so that you can will your half to your sister. As others have said it is usual to leave a life interest so that your wife can carry on living in the house for her lifetime. If she chose to move out then she can only keep half the proceeds. It also works the other way around if she dies first. She could leave you a life interest and if you sold then you'd have to give half the proceeds to the step children. Do see a solicitor. 😊

74jax

My husband leaves 50%of his entire estate to someone else other than myself (wife). 
I have zero say in this, it is nothing to do with me and he can do as he wishes, it's his estate. 
Your wife - if executor - has to follow your Will, but in your case I would have solicitors as executors.
This is a huge deal, it's YOUR Will. The fact you seem almost scared to be able to do as you wish is worrying. 

ronnies6

Thankyou very much all. Reading your comments leads me to think that unless we agree to tenants in common a will will be useless as it will all go to her anyway and she would then give it to them all as she would never honour my wish. Thanking you all

ZaSa1418

ronnies6 said:

Thankyou very much all. Reading your comments leads me to think that unless we agree to tenants in common a will will be useless as it will all go to her anyway and she would then give it to them all as she would never honour my wish. Thanking you all

You can do it without her permission if you have to , check this out Joint property ownership: Change from joint tenants to tenants in common - GOV.UK (www.gov.uk) 
Have you discussed that you want to leave your half to your sister? If so what does she say