Estate planning - confused about what I am entitled to

Savvy_Sue

Keep_pedalling said:

Newly_retired said:

Thanks for all the updates.
i am in a similar position to the OP’s mother. 
My late husband was a tenant-in-common of our house, which we owned together 50:50. 

Because we each have children from our previous marriages, we have left our shares to our own children. For clarification this does NOT mean that his children own their share already as the house is in an IPDTtrust, created by his will, though not named as such. The will creates it but it needs to be registered.  I can live in the house as long as I wish. I can sell it and use all the money to buy another property, or if I don’t wish to buy or I go into a care home, at that point the proceeds from the sale will be divided 50:50.
When my husband died, I had a free half hour with my solicitor who explained the next steps re the house which needed to be taken within two years. I did Probate myself, but my solicitor did the necessary forms for the Land Registry and he referred me to a tax accountant to register the Trust with HMRC. To me this was money well spent. 

NB my will had the same clauses for the property, so I had to make a new one. It does not mention property, which will be need to be sold and my share forms part of my estate, to be distributed according to my will. My step-children get their share at that point too. 

The OPs mother will need to make a new will too.
I hope this is helpful. 

Why would she need to make a new will? The existing one will have clauses to cover her dying last. 

Usually, but not all wills are as future-proofed as they could be.

For example

Newly_retired said:

Maybe. I made one as my executor/ husband had died.

If only one executor was appointed, or if the last of several has died / may be unable or unwilling to act, then a new will would be prudent.

I hope ours will see us out: each spouse executes for the other, with 3 children in the line of succession as it were. Frankly, if I'm the last survivor I'm not sure I will care what happens when I'm gone!

Willeri

As per your very first sentence get professional help rather rely on comments here from people you don’t know and may not have any qualifications and not even seen what the will actually says!