Mirror Wills or Mutual Wills

critchley

My husband and I made what I believe were mirror wills.  He left everythng to me to sell dispose of and enjoy during my lifetime but after my death stated that half of what was left should be given to charity and the other half to my kids?  I did the same in mine.  It was because he had trouble with his own kids and didn't want them to get anything and didn't want it to fall into the lap of my kids as he didn't think much of them.

Now he has died can I change this in my will and leave it all to my kids?

elsien

No, you can’t. It’s the beneficiary who are the charity who has to decide if they want to vary the will. They are very unlikely to agree to this. 

And aside from anything else, why would you not wish to respect your husband‘s wishes? It could have gone the other way round and he could’ve been asking about disinheriting your children and giving all the money to charity.- How would you have felt about that?

ETA, I was presuming it was left in Trust. As below, it may not be. You need to be clear on the wording.

FlorayG

Yes. My mom completely changed her will after my dad died. It's all yours now you can leave it to whoever you like.
Unless it's been left in trust to the beneficiaries he named, with you having permission to remain because in that case he already left it to them and it isn't yours to dispose of
But anything you own you can change your will and leave to anyone you want

critchley

Yes, it states "in Trust for her during her lifetime and after her death the trust fund shall be divided ..... so I guess I can't change it then! 

What does that mean for the share of our property (we weren't married) and another property that he owned?  Do they become mine outright?

FlorayG

Anything that was put in trust for someone you don't own and only have the use of until you die. 
What does the will say about the things that were not in the trust?

Emmia

critchley said:

Yes, it states "in Trust for her during her lifetime and after her death the trust fund shall be divided ..... so I guess I can't change it then! 

What does that mean for the share of our property (we weren't married) and another property that he owned?  Do they become mine outright?

How was he your "husband" if you weren't married?

Keep_pedalling

It sounds like thelsien said:

No, you can’t. It’s the beneficiary who are the charity who has to decide if they want to vary the will. They are very unlikely to agree to this. 

And aside from anything else, why would you not wish to respect your husband‘s wishes? It could have gone the other way round and he could’ve been asking about disinheriting your children and giving all the money to charity.- How would you have felt about that?

ETA, I was presuming it was left in Trust. As below, it may not be. You need to be clear on the wording.

Assuming these are mirror wills, unless the husband’s will created an immediate post death interest trust it sounds like she was the sole beneficiary and the bit about charities and children was an unenforceable wish. If that is the case the OP can leave everything to who ever she wishes.

Mutual wills are rare and should be avoided like the plague but if that is what is in place then a new will can’t be made.

FlorayG

I think we need a quote from the will here ( removing anything identifying)

critchley

Emmia said:

critchley said:

Yes, it states "in Trust for her during her lifetime and after her death the trust fund shall be divided ..... so I guess I can't change it then! 

What does that mean for the share of our property (we weren't married) and another property that he owned?  Do they become mine outright?

How was he your "husband" if you weren't married?

Sorry, slip of the tongue, we were together 40 years and I was used to calling him my husband.  I should have been more specific for the purpose of my question as I know it makes such a difference.  Apologies.  I am still grieving and trying to get to grips with inheritance tax etc.

Keep_pedalling

As you are considering changing your will make an appointment with a local solicitor to discuss drafting a new will. Take the existing will with you and they will be able to tell you if there any restrictions with making a new will or not.

critchley

Well in view of "The Trust Fund" it appears that it would be futile to try and change it and that I don't own anything outright.  Just another blunder we made same as being Tenants in Common on the property instead of beneficial joint tenants.  And not getting married in the first place to give me double the £325K Inheritance Tax deduction.  It just gets worse and worse.

Anyone who just lives together for years and thinks that a Will is enough to secure their entitlement should think again as this has all become a nghtmare to me in the few days after his death.  I seem to have lost out so much as well as losing my lovely Partner.