Do I need to change my will?

Marmaduke123

My husband had to go into a care home last year, as a self funder. We had simple mirror wills leaving everything to each other.

I became concerned that if I predeceased him all my assets as well as his own might be eaten up in care costs, leaving nothing for our children to inherit. I was advised by my solicitor to change my will and set up a will trust which would come into effect on my death, leaving my assets in trust with my husband as life tenant entitled to receive interest only, and my children as eventual legatees following his death and the winding up of the trust. This I did.

My husband has now unexpectedly died, and under his will I am the sole executor and beneficiary. Will my will as it now stands cause problems for my children on my death, or will it be the case that as the life tenant has died no trust will be established? I am quite prepared to change my will again if it will make matters simpler for my children. 

Keep_pedalling

You should not have to change your will, the trust will never come into effect as the sole beneficiary has died, so that clause fails. 

Marmaduke123

Thank you!

TBagpuss

Yes, it should be fine. The only thing I would double check is who you named as executors, and if this was your husband, that the will provides for tour children to be appointed in the event he pre-deceased you. 

Marmaduke123

My husband was not an executor as he lacked competence.