Foreign spouse and inheritance

foshank

Hi,

I hope someone can give some advice. I am looking to obtain a Will hopefully using the free will service. I am over 70. I married overseas in 2008 to a Chinese citizen. We moved back and settled in England in 2009. My spouse has Indefinite Leave to Remain (ILR) in the UK. The marriage was registered in England upon our return.

I purchased a home in England in 2018 (no mortgage). Only I am named on the deeds.  

I was not previously married and have no children. My spouse has one child (30 years old) who is still living in China.

I hope to get a Will with my spouse as sole beneficiary including the house. IHT will not be an issue.

Is anyone able to advise whether such a Will is sufficient to prove my wife has the right to continue living in / own the property or do I need to contact the Land Registry to amend the deeds and add my wife’s name as joint owner now. If so, any advice on how to proceed would be welcomed

I would also like to Will to stipulate that in the event we die together in an accident my Chinese stepson can inherit. Would this cause major issues?

Many thanks. 

Marcon

foshank said:

Hi,

I hope someone can give some advice. I am looking to obtain a Will hopefully using the free will service. I am over 70. I married overseas in 2008 to a Chinese citizen. We moved back and settled in England in 2009. My spouse has Indefinite Leave to Remain (ILR) in the UK. The marriage was registered in England upon our return.

I purchased a home in England in 2018 (no mortgage). Only I am named on the deeds.  

I was not previously married and have no children. My spouse has one child (30 years old) who is still living in China.

I hope to get a Will with my spouse as sole beneficiary including the house. IHT will not be an issue.

Is anyone able to advise whether such a Will is sufficient to prove my wife has the right to continue living in / own the property or do I need to contact the Land Registry to amend the deeds and add my wife’s name as joint owner now. If so, any advice on how to proceed would be welcomed

I would also like to Will to stipulate that in the event we die together in an accident my Chinese stepson can inherit. Would this cause major issues?

Many thanks. 

All the above is pretty straightforward. Two thoughts: does your wife have a will (if not, be a good idea for her to make one); and who would inherit if both of you and your stepson die in the same accident (apologies for the horrible thought, but it needs to be considered).

foshank

Marcon said:

foshank said:

Hi,

I hope someone can give some advice. I am looking to obtain a Will hopefully using the free will service. I am over 70. I married overseas in 2008 to a Chinese citizen. We moved back and settled in England in 2009. My spouse has Indefinite Leave to Remain (ILR) in the UK. The marriage was registered in England upon our return.

I purchased a home in England in 2018 (no mortgage). Only I am named on the deeds.  

I was not previously married and have no children. My spouse has one child (30 years old) who is still living in China.

I hope to get a Will with my spouse as sole beneficiary including the house. IHT will not be an issue.

Is anyone able to advise whether such a Will is sufficient to prove my wife has the right to continue living in / own the property or do I need to contact the Land Registry to amend the deeds and add my wife’s name as joint owner now. If so, any advice on how to proceed would be welcomed

I would also like to Will to stipulate that in the event we die together in an accident my Chinese stepson can inherit. Would this cause major issues?

Many thanks. 

All the above is pretty straightforward. Two thoughts: does your wife have a will (if not, be a good idea for her to make one); and who would inherit if both of you and your stepson die in the same accident (apologies for the horrible thought, but it needs to be considered).

Thanks for quick reply. No, my wife does not have a Will either. Perhaps we can get similar ones at the same time. It would be unlikely we would be in an accident with my stepson. But that would be a good point to consider.

Mojisola

foshank said:

do I need to contact the Land Registry to amend the deeds and add my wife’s name as joint owner now.

It could simplify things if your wife was made a joint owner with you.

www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

Depending on what other assets you have and where they are, probate might not be needed on the first death.

Mojisola

foshank said:

No, my wife does not have a Will either. Perhaps we can get similar ones at the same time.

It would be unlikely we would be in an accident with my stepson. But that would be a good point to consider.

But what happens to your estate if your stepson dies before you and your wife?
A good solicitor will ask a lot of 'what if' questions to work out what your will needs to say.

foshank

Mojisola said:

foshank said:

do I need to contact the Land Registry to amend the deeds and add my wife’s name as joint owner now.

It could simplify things if your wife was made a joint owner with you.

www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

Depending on what other assets you have and where they are, probate might not be needed on the first death.

Except house only assets are savings. Total estate incl house around 100k

foshank

Mojisola said:

foshank said:

No, my wife does not have a Will either. Perhaps we can get similar ones at the same time.

It would be unlikely we would be in an accident with my stepson. But that would be a good point to consider.

But what happens to your estate if your stepson dies before you and your wife?
A good solicitor will ask a lot of 'what if' questions to work out what your will needs to say.

No assets outside UK.