Will Advice please

wendy_
wendy_ Posts: 49 Forumite
in Deaths, funerals & probate
My partner has 2 children from a previous marriage who haven't wanted anything to do with him for 20 years, we have lived together 30 years and have a joint mortgage. We agree that all we own will be left to my eldest daughter. Would we need to do 2 separate wills or do we need a joint one?
«1

Comments

  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    You each need your own wills.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    First Anniversary Name Dropper First Post
    I would also suggest you need to talk this through with a solicitor.


    It didn't affect me directly, but I've had experience in my family of a husband and wife doing mirror wills and the surviving spouse changing their will after the first spouse died.


    Sorry - don't want to put a downer on things but you need to go through the different possible "what if" scenarios with a solicitor - especially if you are under the misapprehension of being able to do joint wills.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,594 Forumite
    Name Dropper First Post First Anniversary
    If you go first, what's to stop your partner reuniting with his children and leaving everything to them or getting married then subsequently dying intestate and the new wife gets everything. On both counts your daughter might end up with nothing.

    IMHO you need to change the ownership of your property to tenants in common and if you die first at least you can leave half of your home to your daughter.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    First Anniversary Name Dropper First Post
    Ms_Chocaholic wrote: »
    If you go first, what's to stop your partner reuniting with his children and leaving everything to them or getting married then subsequently dying intestate and the new wife gets everything. On both counts your daughter might end up with nothing.

    IMHO you need to change the ownership of your property to tenants in common and if you die first at least you can leave half of your home to your daughter.


    That's what happened in my family, except it wasn't intestacy, it was a new will!
  • Dox
    Dox Posts: 3,116 Forumite
    First Anniversary Name Dropper First Post
    There's no such thing as a joint will - and no guarantee that if you die first, he won't find love again and want to leave assets to his new partner/spouse (and indeed the law could compel him to do so if he doesn't, but has been supporting the partner financially while alive).

    Suggest to him that you hold your property as tenants in common and that you will leave him a life interest in the home if you die first (i.e. he can live there for the rest of his life, unless he moves out/sells/remarries or whatever terms you wish to impose), and your share will automatically pass to your daughter when you die.
  • Keep_pedalling
    Keep_pedalling Posts: 16,557 Forumite
    First Anniversary First Post Name Dropper Photogenic
    You need to talk through all the what if situations with a solicitor ASAP. You have both been taking a terrible risk with having no wills in place for the last 30 years.
  • chesky
    chesky Posts: 1,341 Forumite
    First Anniversary First Post
    You say your eldest daughter will receive 'everything we own' which implies you have other children. Will you not leave anything to them? Even if it's more of a gesture than a life-changing amount.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    First Anniversary Name Dropper First Post
    chesky wrote: »
    You say your eldest daughter will receive 'everything we own' which implies you have other children. Will you not leave anything to them? Even if it's more of a gesture than a life-changing amount.


    "Eldest". That's a good point that I did not notice.
  • Socajam
    Socajam Posts: 1,238 Forumite
    First Post Name Dropper First Anniversary
    Manxman_in_exile wrote: »
    I would also suggest you need to talk this through with a solicitor.


    It didn't affect me directly, but I've had experience in my family of a husband and wife doing mirror wills and the surviving spouse changing their will after the first spouse died.

    Sorry - don't want to put a downer on things but you need to go through the different possible "what if" scenarios with a solicitor - especially if you are under the misapprehension of being able to do joint wills.

    I agree with you on this. I have read about things like this happening.
    If the OP were to die first, what guarantee she has that her spouse would carry out her/their wishes - none.
    Best to have your own will and make sure that it is air tight. Have two copies, maybe one in a safe deposit box.
    A friend of my friend died and the boyfriend changed the will.
    What changed was that the lady who died gave her friend a copy of the will for safekeeping. When the friend who was on holiday returned and heard the story, she was able to correct everything because she had a copy of the original will. Apparently, the boyfriend altered the will.
  • Socajam
    Socajam Posts: 1,238 Forumite
    First Post Name Dropper First Anniversary
    chesky wrote: »
    You say your eldest daughter will receive 'everything we own' which implies you have other children. Will you not leave anything to them? Even if it's more of a gesture than a life-changing amount.

    If she does not want to leave something to her other children, that 's here right.
    People can do what they want with their belongings. There is no God given right that every child must get something.
    Maybe she is estranged from her other children and does not want to leave them anything.
    If I am estranged from someone and there are bad feelings involved, I would much prefer not to receive anything when the person dies.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.7K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards