Protecting children's inheritance

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  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    If he's paying towards the mortgage as you've suggested then he's already got a claim on your property, although admittedly not much. However this will only increase over time.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    74jax wrote: »
    I own the property myself and my husband live in. It's in my name only. My will leaves the property to my daughter.

    That leaves the possibility of your husband challenging the will because 'reasonable financial provision' wasn't made for him - unless there is lots of capital as well.
  • 74jax
    74jax Posts: 7,923 Forumite
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    Mojisola wrote: »
    That leaves the possibility of your husband challenging the will because 'reasonable financial provision' wasn't made for him - unless there is lots of capital as well.

    Thanks mojisola, no he'll be absolutely fine. I'm also one of these people who updates their will all the time, so as things - circumstances - change so does my will.

    We all know the will contents etc. And are happy for now. It may change, but at the moment my daughter inherits.
    Forty and fabulous, well that's what my cards say....
  • groovy_chick
    groovy_chick Posts: 120 Forumite
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    When you stand there in front of all of your nearest and dearest, all starry eyed and say "All I have, I give to you" it is actually a real thing - once you are married, your husband has a contract that says he can have half of your house and everything in it.
    Proud to be debt-free 30/6/2020

  • Fireflyaway
    Fireflyaway Posts: 2,766 Forumite
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    I'm no legal expert but if he is paying ' rent' which you then use to pay the mortgage, might he have a claim on the house if you divorce? He would be able to prove that his contribution benefited you financially so surely he might be awarded something?
    The will - just name your daughter but decide what to do if she wants to sell and your husband is still living there. Maybe you could draw up an agreement that gives him tenants rights so he can stay?
  • 74jax
    74jax Posts: 7,923 Forumite
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    groovy_chick wrote: »
    When you stand there in front of all of your nearest and dearest, all starry eyed and say "All I have, I give to you" it is actually a real thing - once you are married, your husband has a contract that says he can have half of your house and everything in it.


    I think the OP is mainly worried about inheritance for her children though, not if they divorce and what they will both end up with, which is obviously different to what she puts in her will.
    Forty and fabulous, well that's what my cards say....
  • 74jax
    74jax Posts: 7,923 Forumite
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    Fireflyaway wrote: »
    I'm no legal expert but if he is paying ' rent' which you then use to pay the mortgage, might he have a claim on the house if you divorce? He would be able to prove that his contribution benefited you financially so surely he might be awarded something?
    The will - just name your daughter but decide what to do if she wants to sell and your husband is still living there. Maybe you could draw up an agreement that gives him tenants rights so he can stay?



    Sorry fireflyaway, I didn't know if this was for me (as you mentioned 'daughter' or if it was for the op). I didn't want to ignore you if it was for me....


    If we divorce then my will 'wishes' wouldn't come into it. He would have a claim on my property, just as I would have a claim on his property. His property - as it stands - is around 5 x £,000 than mine is, I would expect he'd just keep his and I'd keep the house (but in divorce who knows how it goes!). He also has huge savings, which again I'd have access to in divorce, but as long as I have my house, he can keep his property and money.


    I have no desire to divorce so hope to never find out how it would play out
    Forty and fabulous, well that's what my cards say....
  • WillowCat
    WillowCat Posts: 974 Forumite
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    Biggest protection you can give is to not get married.

    Say you separate in 3 - 4 years time. You've been in a 5 - 6 year relationship (pre-marriage cohabitation is added to marriage length).

    If there are no other assets then the starting point would be a 50:50 split of your house. Your children would be 18+ so there would be no delay on a forced sale of your house.

    You could agree a pre-nup - and these are considered binding except if there has been a change in circumstances. For example he has an accident and is left disabled.
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    See a solictitor. You can arrange to have a pre-nuptial agreement and, if the two of you decide to buy a house together, a declaration of trust.

    You'll also need to update your will, either making one 'on contemplation of marriage', or once you are actually married.

    A pre-n is not legally enforceable but provided it is done properly, and that you review it periodically and in particular if anything changes, it will be taken into account by a court in the event the marriage breaks down.

    Updating your will can ensure that you preserve your children's rights, and those of your spouse.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    Although a pre-nun might help to stop a 50/50 split of the assets as a starting point it won't remove his interest in the property entirely and therefore she'd still owe him a portion of the property. Only way to remove his interest entirely is to stop charging him rent, although I'm willing to bet she won't want to and would rather have her cake and eat it. Saying that I've a feeling the OP won't be returning anyway.
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