Tenants in Common/Equitable Assent.

Hi, my married relatives have mirrored wills leaving estate to each other in the event of death as Tenants in Common, the wife also included bequeaths to both of their children as part of her will upon the death of both of them based upon 50% of the property value.  After the death of the wife the husband applied and requested for an equitable ascent for restrictions to be lifted on the basis that the property had transferred to the husband.  Since then the husband as rewritten his will and assigned new executors outside of the family they have not seen the new will.  The couples children are trying to understand if the wife’s original bequeath is still valid if the husband has decided not to include it in his will?  I hope this makes sense and sorry if some vital information may be missing.

Comments

  • doodling
    doodling Posts: 934
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    Hi,

    From what you have said (and the exact wording of the will is necessary to be certain) the wife's will left everything to her husband and it is now his.

    Unless the wife's will created a trust for the children, or made bequests to them irrespective of whether her husband was still alive then whether or not they receive anything at all is now entirely her husband's decision (and one which doesn't need to be revealed until after his death and probate has been obtained).
  • Marcon
    Marcon Posts: 9,967
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    Hi, my married relatives have mirrored wills leaving estate to each other in the event of death as Tenants in Common, the wife also included bequeaths to both of their children as part of her will upon the death of both of them based upon 50% of the property value.  After the death of the wife the husband applied and requested for an equitable ascent for restrictions to be lifted on the basis that the property had transferred to the husband.  Since then the husband as rewritten his will and assigned new executors outside of the family they have not seen the new will.  The couples children are trying to understand if the wife’s original bequeath is still valid if the husband has decided not to include it in his will?  I hope this makes sense and sorry if some vital information may be missing.
    Without seeing the mother's will it's impossible to be sure. Any reason why the children can't ask their father for more info? That's more likely to get an accurate answer than complete strangers answering on the basis of a rather vague post.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Keep_pedalling
    Keep_pedalling Posts: 16,193
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    You need to post the wording of the clauses leaving these bequests (redact any personal details)
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