Transfer Assets now to prevent claim on will.

GoldenOldy

I have made a will leaving my better half (been married 38 years this year!) the whole of my estate, which is in accordance with my wishes.
I have two questions…

Could i transfer my assets now to them so my will could not be contested? ( I have an estranged adult child from a first marriage who I suspect will cause trouble)

And could my better halfs funds which they have built up thus far over the years from work and the sale of a previous property, also come into dispute?
I have the end in mind now , as am getting near the ‘winning post’.
Thanks

Flugelhorn

Do you jointly own the assets eg property? If so then there is no need to transfer them - they automatically belong to the other half

GoldenOldy

Yes, we do own them as joint tenants. 

I already owned the marital home for 8 years , then my other half moved in, went on the mortgage etc and it was set up as joint tenants.
They have lived here ever since.
The solicitor worried me as they seem to have a presumption that any children from a former marriage should take precedent/have equal shares of funds before the partner/spouse.
It was not said explicitly, but implied.
For a number of reasons I dont want this to happen.
The thing that got me worried was the solicitor mentioned claims under the financial dependents act, and the ability to put that which as been shared ie the matrimonial home, back into the mix?
I would hate that to happen, plus I dont want my partner to lose all their own hard earned cash though a will contest.

I probably sound really hard re my adult child but I truly do have good reason. 

GoldenOldy

Ps. The solicitor said its alo up to the trustees who gets my oension fund. It feels really unfair. I am tempted to pull out chunks and let my other half add it to their own savings.

Keep_pedalling

Any property held as joint tenants can’t be contested it passes automatically to the survivor so no need to do anything there, any other assets held jointly likewise. Sole owned assets like an ISA will be distributed as per your will. The chances of a non dependant child successfully challenging a will that leaves everything to a spouse is negligible.

Keep_pedalling

MGoldenOldy said:

Ps. The solicitor said its alo up to the trustees who gets my oension fund. It feels really unfair. I am tempted to pull out chunks and let my other half add it to their own savings.

Pension funds are discretionary, which is why they don’t form part of your estate, as long as you have completed your expresses of wishes passing your benefits to your spouse there will not be a problem. Taking out large chunks of cash will only mean you loose a good chunk of it to HMRC.

Are you in resident in Scotland or another part of the UK & NI?

GoldenOldy

I live in Northamptonshire

Flugelhorn

GoldenOldy said:

Ps. The solicitor said its alo up to the trustees who gets my oension fund. It feels really unfair. I am tempted to pull out chunks and let my other half add it to their own savings.

there are discussions elsewhere re this - it means that the fund is outside of the estate Assuming you have completed a nomination form and named your wife on it it is highly unlikely it would go to anyone else. 

Flugelhorn

If the property is held jointly then you don't own half each, you both own 100% so if one of you dies the other still owns the 100% and no-one else can challenge that. 

Mojisola

GoldenOldy said:

The solicitor worried me as they seem to have a presumption that any children from a former marriage should take precedent/have equal shares of funds before the partner/spouse.

It was not said explicitly, but implied.

Even if this was implied, it doesn't bode well for the knowledge your solicitor has about wills and probate.

Ask for a very clear explanation of why they think this would be so - it may be you have misunderstood what was said.

Flugelhorn

Mojisola said:

GoldenOldy said:

The solicitor worried me as they seem to have a presumption that any children from a former marriage should take precedent/have equal shares of funds before the partner/spouse.

It was not said explicitly, but implied.

Even if this was implied, it doesn't bode well for the knowledge your solicitor has about wills and probate.

Ask for a very clear explanation of why they think this would be so - it may be you have misunderstood what was said.

@GoldenOldy are you sure they are legally qualified?