New partner - Child from past relationship - Will

missnosey122

maisie_cat said:

If it were me, I'd change the joint tenants to tenants in common and leave my half of the house to my child.

I like this solution with added note that each surviving partner gets a lifetime use of the property I think it would protect her half shd the partner get married or needs to go into a care home 

Spendless

diego_94 said:

Spendless said:

It sounds very one sided tbh


However sometimes you need to dig deeper to understand someone's reasoning. When your partner talks about leaving his will that favours 'his family' exactly who is he talking about? Who currently inherits if he dies intestate? .https://www.hughjames.com/documents/docs/2020/intestacy-rules-flow-chart-february-2020-6443.pdf

For example what about your child's other parent. Do they have something to leave, so your partner is thinking they'd be provided for via them plus you to an extent, meanwhile he has a sibling/neice/nephew that he thinks anything he left them  would be a help that they wouldn't otherwise get.

What is there to leave outside of the house, money, assets etc?

On the face of it, I'd make a new will  but I'd also try and establish who your OH's thinking behind who they wish to inherit. 

There is a sibling, and also nieces and nephews. this is who they want to benefit. There is a small pot of savings on both parts, pension and potentially payment on death from employers.

The nieces and nephews I don't have a problem with getting things, as it would help them out greatly, the same as my child. But the closeness with their family will mean my child is brushed aside with little thought if I go first.

My childs other parent does own a house as well, so my child would benefit from this. Thats if the same thing as what will potentially happen on my side happens on that side as well! Then my child is brushed aside and will miss out on both parents inheritance. 

Yes, the way to sort that is to change your will so it more (or exclusively) favours your child. Anything else leaves it to chance. Have you ever read the story of where the actor Peter Sellars fortune went?  https://www.express.co.uk/expressyourself/138306/The-mystery-of-Sellers-millions.

I totally understand what you mean about the 'closeness of family'. Long story but my Mum saw a snippet of my Nan's will, No idea if this was professionally done or not but it leaves her jewellery 'to her family' . Now I know full well she means by that her sibling (one remaining) and nieces, despite having a child (my Dad) 2 Grandchildren (me and sister) and 2 great grand-daughters Now I couldn't care less, about my Nan's jewellery. a) because I doubt I'll like anything she has and b) she sold most of it as scrap gold some years ago, because I was visiting when my Dad came round with the cash. I do know my Mum will be  would up by the situation though and can pretty much guarantee that my parents will argue when the time comes about what 'her family'  actually means.  

mrschaucer

missnosey122 said:

maisie_cat said:

If it were me, I'd change the joint tenants to tenants in common and leave my half of the house to my child.

I like this solution with added note that each surviving partner gets a lifetime use of the property I think it would protect her half shd the partner get married or needs to go into a care home 

I hope you really don't mean "adding notes" when you change the joint tenancy to TIC.  What you need is a properly written will (solicitor) which includes a simple trust, set up when you die, to enable
1)  your partner to have a lifetime interest in your half of the property and
2)  your child to eventually inherit your half of the property
Solicitors do these all the time.

TBagpuss

diego_94 said:

getmore4less said:

This is probably the wrong board to discuss the wider issue here.


But considering the death part of it,

in most cases( we don't know ages) a child's chance of getting a death of parent house deposit is unlikely to be timely,  tends to be more grandparents deaths that sync with that event and even then that can be years out.


This brings up the secondary multi generation problem of what happens to any assets you may inherit from your family.

Currently if you die first your partners family will get all that as well.

Something you may want to discuss with your parents and other family that might send things your way.

Also if your child is a minor you need to think about who will take over parental responsibility should the other parent not be interested or has pre deceased.

Yes this thought has crossed my mind about what would happen of anything I inherit from my parents, I will have a discussion with them given recent conversations. This also works for my partner as well I agree, but I am of the opinion that anything that my partner inherits from their family, should then pass back to the younger family members on their demise. This view is not shared on their part which has taken me by surprise somewhat, if they inherit anything I get from my parents, then my child will be ignored despite my wishes.

In terms of child, guardianship is covered between me and the other parent.

It's not unreasonable that your partner feels their assets, and anything they may inherit from their own family, should go back to tat family in the event of their death - from their perspective, there's no reason why they should leave anything to your children who is not related to them.

obviously over time, if your partner and your child develop their own close relationship that might change.

However,  equally, it is reasonable then you want your assets, or at least some of them, to go to your child.

If the house is your main asset, then changing the ownership to tenants in common and then get proper advice and make a will. This could provide for your share of the house to pass to your partner, or for it to pass to your child with your partner having the right to occupy the property for a set period fter your death, (subject to covering the bills and maintenance, or to pass to your child but with partner having a life interest.

You may also want to consider whether you have, or should have, life insurance, and who you want to act as executors to protect your child's interests. 

Ideally of course, you and your partner need to discuss these things so you are on the same page when it comes to things such as whether the survivor should have a life interest or a right to remain in the house for a shorter period of time, but don't assume  anything.

(Also, bear in mind that if you left everything to your partner, even if they intend to pass some on to your child, there are lots of situations where that might not happen - for instance, if they remarry following your death but don't update their will, if they require long term care so there isn't much left by the time they pass on, etc 

getmore4less

mrschaucer said:

missnosey122 said:

maisie_cat said:

If it were me, I'd change the joint tenants to tenants in common and leave my half of the house to my child.

I like this solution with added note that each surviving partner gets a lifetime use of the property I think it would protect her half shd the partner get married or needs to go into a care home 

I hope you really don't mean "adding notes" when you change the joint tenancy to TIC.  What you need is a properly written will (solicitor) which includes a simple trust, set up when you die, to enable
1)  your partner to have a lifetime interest in your half of the property and
2)  your child to eventually inherit your half of the property
Solicitors do these all the time.

Problems occur when the life tenant is not a spouse.

The spouse get no transferable nil rate band and can't use their own RNRB on that portion of the property as the beneficiary is not eligible.

missnosey122

mrschaucer said:

missnosey122 said:

maisie_cat said:

If it were me, I'd change the joint tenants to tenants in common and leave my half of the house to my child.

I like this solution with added note that each surviving partner gets a lifetime use of the property I think it would protect her half shd the partner get married or needs to go into a care home 

I hope you really don't mean "adding notes" when you change the joint tenancy to TIC.  What you need is a properly written will (solicitor) which includes a simple trust, set up when you die, to enable
1)  your partner to have a lifetime interest in your half of the property and
2)  your child to eventually inherit your half of the property
Solicitors do these all the time.

Yes I do mean legally. 

Lavendyr

diego_94 said:

In terms of child, guardianship is covered between me and the other parent.

Sensible to have an alternative in case you are pre-deceased by the other parent, though. 

JJWSJS8700

How is your husband not in the deeds of yo are married, or how can you keep a husband away from claimsing.

The OP just needs to do a tenants in common restriction and he can do what he wants with  his and she can do wants with hers, on both their passings.

74jax

JJWSJS8700 said:

How is your husband not in the deeds of yo are married, or how can you keep a husband away from claimsing.

The OP just needs to do a tenants in common restriction and he can do what he wants with  his and she can do wants with hers, on both their passings.

@JJWSJS8700 Is this aimed at me, sorry I wasn't sure?

It's really not hard to not have him on the deeds, simply by just not adding him. The property is solely in my name.

There's no way of knowing what will happen when I die, but we can't see how a claim could be brought. He'd have to prove he was financially dependant on me etc.  Solicitors did both of wills and in our circumstances was the best route for me to provide for my DD. 

Mojisola

74jax said:

There's no way of knowing what will happen when I die, but we can't see how a claim could be brought. He'd have to prove he was financially dependant on me etc.  Solicitors did both of wills and in our circumstances was the best route for me to provide for my DD. 

Not if you are married.  It's expected that spouses will make adequate provision for each other in their wills and a will can be challenged if it doesn't.
A spouse can also register a matrimonial interest in the family home with the LR even if they aren't on the deeds.