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Wills advice

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  • p00hsticks
    p00hsticks Posts: 14,440 Forumite
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    omg29 said:
    Even if they are mirrored wills? Sorry new to all this!!

    Problem... B survives but falls in love with a 21 year old barmaid, they elope and get married and B then changes their will to leave everything to their wife.

    And even if B doesn't change his will, the marriage in itself will invalidate any previous will written (unless written specifically in contemplation of the marriage) and so the estate would have to be distributed according to intestacy rules.
  • Newly_retired
    Newly_retired Posts: 3,184 Forumite
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    It seems to me than an insurance policy might be the best way to achieve what your parents want.
  • Spendless
    Spendless Posts: 24,668 Forumite
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    Mojisola said:
    omg29 said:
    My FIL is stating we cant write on the passing of both, that my half sister gets 25k only, and the rest shared equally between me and my brother. I cant see why that would be a problem.
    Hes adamant this is correct, and ive gone with what he said as his was a solicitor, but i dont agree
    I don't understand where he's coming from.
    My parents' wills (England and Wales rules) left their estate to their offspring but not shared equally.
    The laws are somewhat different in Scotland - could that the source of the misunderstanding?
    Possibly because we're not talking unequal shares eg daughter gets 65%, son gets 35%,  we're talking after the death of the 2nd parent that half sis gets £25K, there's nothing to stop the surviving party making a different will after the first dies (and omitting half sister). There's also that if the remaining parent goes into a care home and almost of  the estate goes in care home fees then putting the half sister gets £25K and there's only say £30k left then the remaining £5K is shared between the OP and her brother.


  • sheramber
    sheramber Posts: 22,548 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Mojisola said:
    omg29 said:
    My FIL is stating we cant write on the passing of both, that my half sister gets 25k only, and the rest shared equally between me and my brother. I cant see why that would be a problem.
    Hes adamant this is correct, and ive gone with what he said as his was a solicitor, but i dont agree
    I don't understand where he's coming from.
    My parents' wills (England and Wales rules) left their estate to their offspring but not shared equally.
    The laws are somewhat different in Scotland - could that the source of the misunderstanding?
    It is nothing to with unequal shares

    Mum cannot say that when dad inherits the house he must give half sister 25k when it is sold. 

    It is dad’s house  and he  can decide what happens.

    If he wishes to leave money to the half sister then he needs to state that in his will. 

    But he can change his will in the future so there is no guarantee she would get the money. It will be dad’s decision, not mum’s. 
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