No Will. Children. Money. Who administers

p00hsticks

castle96 said:

I am concerned that his considerable inheritance from various parties incl me, will go amiss if he snuffs it and she pops back up to admnisiter the kids money. She IS 'first in line' to do this, as I now understand it?

As I see it, the money is not (should not be) the main concern here - it's who would take care of the children if he should die tomorrow, especially as you say the mother is now abroad.

castle96

true...BUT...she flies back, appoints (HOW... procedure? ... forms..) herself as Trustee.. has control over kids money "lets buy a big house in my country"................

Mojisola

castle96 said:

I am concerned that his considerable inheritance from various parties incl me, will go amiss if he snuffs it and she pops back up to admnisiter the kids money. She IS 'first in line' to do this, as I now understand it?

She will be. 
You could write your will so that the money goes directly to your grandchildren to be controlled by trustees that you appoint.  

castle96

true. But there are 3 sons and 4 g/kids, (so far) so it starts to get complicated! Think I will will threaten him with exclusion, unless he gets things moving/sorted

castle96

thinking further... He makes a will leaving his assets to his kids and appointing trustees. Is there anything stopping her appointing herself as a trustee to look after her kids/same assets. She is after all the mother

Ganga

What happens if god forbid your son passed away ,she came back to the UK ,claimed all the money and took the children back abroad with her !! ,tell him to get his finger out and sort it out now.

theoretica

castle96 said:

thinking further... He makes a will leaving his assets to his kids and appointing trustees. Is there anything stopping her appointing herself as a trustee to look after her kids/same assets. She is after all the mother

There is little he can do to prevent her looking after her children - but as they get older their wishes will have more weight about things such as who they want to live with or in what country.  If he appoints financial trustees, she cannot just appoint herself - but could try to make a court case that the children needed money spending if the trustees refused.

You could write your will making his inheritance conditional on himself making a will before he received his share.

Malthusian

theoretica said:

You could write your will making his inheritance conditional on himself making a will before he received his share.

Not sure such a clause would have any legal effect if the son's entitlement was absolute. Albeit if the executors tried to withhold the money from him on that basis, it would be easier for him to see a solicitor and spend a few hundred quid making a Will (even if it simply read "I leave my estate to be divided in accordance with the law of intestacy") than see a solicitor and spend many thousands of quids suing the executors.

Wouldn't it be easier for the OP to leave one-third of his estate to a discretionary trust with the son and his son's children as potential beneficiaries? Whoever he thinks the son should be appointing as trustees, the OP can appoint himself. It's almost certainly an expensive and complicated option, but it achieves what the OP wants (keeping his money under the control of the unspecified trustees, and keeping the children's mother out of it) without relying on his son to make a Will.

If his son later makes a suitably comprehensive Will the OP can change his Will if he's still alive, or if he's not the trustees can nix the trust and distribute the money to the son.

getmore4less

Be very careful with conditions in a will.

With a must make a will condition consider the consiquenses if he pre deceased and s.33 applied

castle96

S.33.... of what please?