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Married man leaving house to kids

Hi, a guy at work says his step-dad has made a Will that says that should he die before my colleague’s mum, that the house goes to his 3 kids (from previous marriage).  The mum (who is married to the guy) is not named on the deeds and the house is not mortgaged.  They have been married over 10 years.

He has stipulated in the Will that the mum can continue to live there until she dies (nice of him) but that she cannot sell the house. 

I am trying to get him to get his mum to take legal advice as this sounds immoral at best, unlawful at worst.

What do you guys think? 
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,383 Forumite
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    edited 12 October 2021 at 6:05PM
    It's not unlawful for him to name his children in his will and morality is up to the individual, but she may have grounds to challenge the will once he's gone.

    I would leave it up to the family to resolve.
  • sevenhills
    sevenhills Posts: 5,938 Forumite
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    inch_high said:
    I am trying to get him to get his mum to take legal advice as this sounds immoral at best, unlawful at worst.

    What do you guys think? 
    It sounds ok to me, if there are no other children involved.

  • sammyjammy
    sammyjammy Posts: 8,147 Forumite
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    edited 12 October 2021 at 6:15PM
    inch_high said:
    Hi, a guy at work says his step-dad has made a Will that says that should he die before my colleague’s mum, that the house goes to his 3 kids (from previous marriage).  The mum (who is married to the guy) is not named on the deeds and the house is not mortgaged.  They have been married over 10 years.

    He has stipulated in the Will that the mum can continue to live there until she dies (nice of him) but that she cannot sell the house. 

    I am trying to get him to get his mum to take legal advice as this sounds immoral at best, unlawful at worst.

    What do you guys think? 
    Its not unusual, why don't you leave him to it and mind your own business instead of telling him what to do?

    Would you also think it immoral if she inherited the house and left it to her long lost nephew and his children got nothing?  Don't forget the house was bought and paid for by their mum and dad.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • 74jax
    74jax Posts: 7,930 Forumite
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    This is how I have my will.  My house goes to my daughter, my husband can live in it for 2 years after my death.  

    I'm not sure why it bothers you so much? 
    Forty and fabulous, well that's what my cards say....
  • Brie
    Brie Posts: 16,784 Ambassador
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    Is the mom bothered?  She might understand completely and think it's perfectly fair.  Maybe he's leaving all his money to her.  I would think you don't know the whole story.
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  • theoretica
    theoretica Posts: 12,691 Forumite
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    Often the will allows the spouse to sell the house and buy a different one to live in (which would in turn go to the children), rather than being tied to that one property or nothing.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    inch_high said:
    Hi, a guy at work says his step-dad has made a Will that says that should he die before my colleague’s mum, that the house goes to his 3 kids (from previous marriage).  The mum (who is married to the guy) is not named on the deeds and the house is not mortgaged.  They have been married over 10 years.

    He has stipulated in the Will that the mum can continue to live there until she dies (nice of him) but that she cannot sell the house. 

    I am trying to get him to get his mum to take legal advice as this sounds immoral at best, unlawful at worst.

    What do you guys think? 
    Pretty standard for second spouse.
    Life interest  trust without the overhang of continuing to a new property.

    Often comes with gets dissolved with new partner as well.
  • inch_high
    inch_high Posts: 179 Forumite
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    The guy at work is more concerned with his mum being pretty much trapped in that house.  She lives far away and his Mum said that if she was widowed, she would want to move closer to her family which she now wouldn’t be able to do as the Will says she can live in the house but not sell it… 
  • comeandgo
    comeandgo Posts: 5,930 Forumite
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    It’s perfectly legal.  At least the husband has done her the curtesy to tell her what his will states so it will be no surprise to her.  If she was to get the house left to her in the will then his children run the very high risk of getting nothing.
  • inch_high
    inch_high Posts: 179 Forumite
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    comeandgo said:
    It’s perfectly legal.  At least the husband has done her the curtesy to tell her what his will states so it will be no surprise to her.  If she was to get the house left to her in the will then his children run the very high risk of getting nothing.
     I believe she found it and wasn’t supposed to know!
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