Making a will - advice
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seven-day-weekend
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My friend is 70 and in an unhappy marriage with her husband who is 71. They have been married for about 21 years.
She wishes to make sure that when she dies, her three children from a previous marriage benefit. I have told her she must make a will.
The house is in her name only, however her husband paid the mortgage for a while (don't know how long, but think a few years). There is no mortgage on it now
She doesn't have much money of her own. Her major asset is the house. Their savings are in a joint account and she doesn't want her husband to know she has made a will, in case he is abusive to her.
Anyone any advice on the best way for her to go about it? I thought about charities (she is happy to leave some to Dogs' Trust), but it seems from googling that they only do very simple wills.
Thanks in advance.
She wishes to make sure that when she dies, her three children from a previous marriage benefit. I have told her she must make a will.
The house is in her name only, however her husband paid the mortgage for a while (don't know how long, but think a few years). There is no mortgage on it now
She doesn't have much money of her own. Her major asset is the house. Their savings are in a joint account and she doesn't want her husband to know she has made a will, in case he is abusive to her.
Anyone any advice on the best way for her to go about it? I thought about charities (she is happy to leave some to Dogs' Trust), but it seems from googling that they only do very simple wills.
Thanks in advance.
(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
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Comments
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Point her in the direction of Citizens Advice but I think she needs a solicitor in order to avoid legal arguments if her husband lives longer than she does.
I'm not totally sure but I think it's best looking for a solicitor that is registered with STEPS as well0 -
She must make a will or she will die "intestate" and her assets distributed accordingly.
https://www.gov.uk/inherits-someone-dies-without-will
Presumably she does not want to contemplate a divorce.
With regard to the property, it appears that she is both the legal and beneficial owner but as the husband has contributed to the mortgage etc, were she to die and her will left the property to her children with not even a "right to reside" or "life interest" to her spouse, it is quite likely that he could make a claim against the estate for reasonable provision.
She should mention her concerns to the solicitor.
It is unwise to have all their savings in a joint account - on death, regardless of any will, these would fall into the ownership and control of her husband.
She has the absolute right to access those savings - it could be a good idea for her to open a savings account of her own and move part of those savings into it?
By way of excuse, she might say to her husband that she feels it a good idea to keep their savings separate just in case either one of them should need to go into care?
She will need to pay a solicitor - she can ring round local solicitors to check their fees - perhaps one of her adult children would be in a position to help?
Presumably she is not monitored by her husband so that she could visit the solicitor during a shopping trip - he would not need to know about the matter at all.
She could leave the will with the solicitor and copies with each of her children?0 -
Yes she absolutely needs to make a will as a priority. Once that is done she needs to make some serious decisions on what to do with the rest of her life. Does she really want to spend the rest of her life living with this man?
If he has no equivalent assets then any divorce could see the the house split 50/50, but better that than spend another 20 years with someone who makes you miserable. .0 -
She must make a will or she will die "intestate" and her assets distributed accordingly. I have told her this.
https://www.gov.uk/inherits-someone-dies-without-will
Presumably she does not want to contemplate a divorce. No
With regard to the property, it appears that she is both the legal and beneficial owner but as the husband has contributed to the mortgage etc, were she to die and her will left the property to her children with not even a "right to reside" or "life interest" to her spouse, it is quite likely that he could make a claim against the estate for reasonable provision. She doesn't mind him living in the house, she just wants to make sure her children get their share of her share. If he inherits the whole lot, he will just leave it to his children.
She should mention her concerns to the solicitor. I have told her this too.
It is unwise to have all their savings in a joint account - on death, regardless of any will, these would fall into the ownership and control of her husband. Oh dear....
She has the absolute right to access those savings - it could be a good idea for her to open a savings account of her own and move part of those savings into it? I will suggest it to her, but see below.....
By way of excuse, she might say to her husband that she feels it a good idea to keep their savings separate just in case either one of them should need to go into care? He would possibly get aggressive about it.
She will need to pay a solicitor - she can ring round local solicitors to check their fees - perhaps one of her adult children would be in a position to help? She has no contact with the one (although she still will remember him in her will), and her youngest son would not be able to help. her daughter might though. Or I could.
Presumably she is not monitored by her husband so that she could visit the solicitor during a shopping trip - he would not need to know about the matter at all. No problem her visiting the solicitor.
She could leave the will with the solicitor and copies with each of her children?
She is also worried that he would be able to contest the will, but as long as she left him provided for as regards living in the property, I don't think he could?(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
Keep_pedalling wrote: »Yes she absolutely needs to make a will as a priority. Once that is done she needs to make some serious decisions on what to do with the rest of her life. Does she really want to spend the rest of her life living with this man?
If he has no equivalent assets then any divorce could see the the house split 50/50, but better that than spend another 20 years with someone who makes you miserable. .
If the house was split 50/50, neither of them would have enough money to buy another. She is also worried about managing on her own, financially and otherwise. She also has nine dogs to care for. So on the whole, for practical reasons, I don't think she wants to divorce him.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
seven-day-weekend wrote: »She is also worried that he would be able to contest the will, but as long as she left him provided for as regards living in the property, I don't think he could?
She can't stop him, or anyone else, from contesting the will. What matters is writing the will correctly so that any challenge is doomed to fail.0 -
So it is very important for her to see a solicitor. I have told her this. I know she can't afford it.
If her daughter can't help her out with this, then I will.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
November is often a month with free wills on offer, usually for a donation to some charity.
I don't think I've dreamt this.Member #14 of SKI-ers club
Words, words, they're all we have to go by!.
(Pity they are mangled by this autocorrect!)0 -
pollypenny wrote: »November is often a month with free wills on offer, usually for a donation to some charity.
I don't think I've dreamt this.
No you haven't but I have looked at a few and it appears to only be free if they are very simple, otherwise the solicitor charges for the time, iiuic.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
If her daughter can't help her out with this, then I will.
It is generous of you - were I in your friend's position, I would take up your kind offer and get myself asap to a solicitor. I'd offer to repay monthly as much as I could afford.
She would be able to leave her property to her children but grant her husband a life interest.
https://www.fjg.co.uk/blog/2019/03/13/the-residence-nil-rate-band-a-common-misunderstanding0
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