Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

What to do with house-inheritance?

106 replies

Inheritancequery1 · 06/06/2025 19:56

I’m buying a house with my DP. I have dc from a previous relationship. On my death they will receive practically 800k in insurance policies and death in service. So this leaves the question…do I buy the house as joint tenants or tenants in common? I’m so torn 😅 help

OP posts:
HomeTheatreSystem · 07/06/2025 19:07

You've not said how old your children are, nor your ages. It is wise to revisit your will every few years to ensure it is still relevant and/or covers a material change of circumstances affecting any of you. You can change the house ownership from joint tenants to tenants in common if you wish. It's not fixed in stone. HOWEVER, it is best that you seek legal advice on this. It doesn't need to get complicated but you should understand the implications of decisions you make now. A solicitor will be able to guide you.

Do not rely on your DP leaving the house to your kids upon his death. He may very well meet someone else after you pass and forget all about his promises to you.

Inheritancequery1 · 07/06/2025 19:07

caringcarer · 07/06/2025 19:06

Surely who would care for your DC if you die would bea big consideration. Eg. If your sister will take them then you'd have to leave her money to care for DC.

Their dad would care for them (as long as he is alive)

OP posts:
caringcarer · 07/06/2025 19:06

Surely who would care for your DC if you die would bea big consideration. Eg. If your sister will take them then you'd have to leave her money to care for DC.

Inheritancequery1 · 07/06/2025 19:02

MaidenGarret · 07/06/2025 18:58

People say they’ll do lots of things and then change their mind. I would want it all sorted out for my children in advance of my death. The chances are you won’t die while you still have your very generous death in service, so I would personally forget about that for the longer term. Sounds like you have a whole of life insurance worth £300,000 so they would get £150,000 each whenever you die - this may sound like a lot of money at the moment but if you die in 40 years time it might not be that much. I’m also assuming it’s not one where the premiums are reviewable – with these people often cancel them later as the premiums go up as they get older and become un affordable. I think if you did joint tenancy, you could regret it and and it could become the source of worry later on becauseI think there are risks attached to that. I can’t really see any reason why you would do joint tenancy in your circumstances. Most likely when your children get the inheritance they will use the money to buy a house or move to a bigger house perhaps if they have families of their own by then so it would be good for them to have some inheritance from a property, the value of which will have most likely followed the property market in terms of price inflation.

Can we write this into a will in advance, can we be joint tenants and then state that on both deaths the house goes to dc?

OP posts:
MaidenGarret · 07/06/2025 18:58

Inheritancequery1 · 07/06/2025 18:49

He would do this and has said he would.

People say they’ll do lots of things and then change their mind. I would want it all sorted out for my children in advance of my death. The chances are you won’t die while you still have your very generous death in service, so I would personally forget about that for the longer term. Sounds like you have a whole of life insurance worth £300,000 so they would get £150,000 each whenever you die - this may sound like a lot of money at the moment but if you die in 40 years time it might not be that much. I’m also assuming it’s not one where the premiums are reviewable – with these people often cancel them later as the premiums go up as they get older and become un affordable. I think if you did joint tenancy, you could regret it and and it could become the source of worry later on becauseI think there are risks attached to that. I can’t really see any reason why you would do joint tenancy in your circumstances. Most likely when your children get the inheritance they will use the money to buy a house or move to a bigger house perhaps if they have families of their own by then so it would be good for them to have some inheritance from a property, the value of which will have most likely followed the property market in terms of price inflation.

Inheritancequery1 · 07/06/2025 18:49

Allseeingallknowing · 07/06/2025 18:27

If OP dies, then her partner can make a will leaving it to the children. They should be made aware that If he remarries he should make a new will leaving some all to the children.

He would do this and has said he would.

OP posts:
Inheritancequery1 · 07/06/2025 18:48

Worst case scenario they inherit 150k each if I die between retirement and age 100. They will be 32 and 28 when I retire so that age at least and receiving at least 150k. As I may have cash also

OP posts:
Inheritancequery1 · 07/06/2025 18:46

My partner is not my DC’s dad. They will get practically 800k right now in trust if I die. That’s not including the house. They have their dad to inherit from also.

OP posts:
Allseeingallknowing · 07/06/2025 18:27

If OP dies, then her partner can make a will leaving it to the children. They should be made aware that If he remarries he should make a new will leaving some all to the children.

Soontobe60 · 07/06/2025 18:25

Inheritancequery1 · 06/06/2025 20:21

I am just a bit uneasy doing this for some reason, if I die of working age they get a hell of a lot of money in trust. Their dh is in their life so it would be him and another trustee. AND then my DP would have to live with the fact that they technically own half his home too? I just don’t know 😩

Let me tell you about my sister. She wasn’t married, had 2 children with her partner. She died very suddenly in her 40s, kids were 13 and 16 at the time. House owned as JT. He was nominated for her Death in Service (£70K). House was mortgaged up to the hilt.
DC received her pension until they left Uni as at that time they would have had to be married for her DP to receive it. A year after she died, he moved his new GF into the family home, married her months later and went on to have another child. They spent all his DIS very quickly - so much so that he didn’t even pay anything towards the DCs university costs. They’ve since moved house, it’s in joint names and he’s told his older DC that as they got some pension for a few years they won’t get the a share in the house when he dies, it will all go to his younger child.
Another woman has benefitted financially from my sister’s death, and that I can never forgive.

MyNamedoesntWork · 07/06/2025 18:13

Inheritancequery1 · 07/06/2025 11:57

@MaidenGarret thank you, that pretty much is how I feel. I will do exactly that this evening. I will give him the opportunity to leave it to his sister if he wants and if he doesn’t then that’s also ok. TIC with life interest and my half to my dc and his half to me anyway is what it may be

If you want to ringfence the property against care fees it would be better if he left a right to reside for you and his half to your kids.

Inheritancequery1 · 07/06/2025 11:57

MaidenGarret · 07/06/2025 09:50

This ☝️. It’s entirely your decision but in your circumstances I would still do TIC even if my partner had no children. You say he is leaving his half to you which is up to him, but I assume he has no other family he wants to benefit, like nieces and nephews? You’re in a different position as you have children and they would be my priority here, regardless of the DIS and life assurance. Say you die first and he remarries a new partner who has children, and he then dies … your half share goes ultimately to someone else’s children or even more distant relatives. I have a friend this happened to - her dad remarried someone who had no children, he then died and she inherited everything. She subsequently made a will to leave everything to her nieces on her death and my friend and her siblings got nothing. That might have been what he wanted but I doubt it and I definitely wouldn’t want that if I was in your circumstances. I wonder if you are feeling awkward about it because he’s said he’s leaving his share to you? He’s in a different situation to you having no children. If you do feel awkward or feel that it’s unfair that he’s you could tell him he doesn’t need to leave his share to you but you feel the right thing is for you to leave your share to your children, so you both do TIC and grant each other the right to continue living in the property until death (or earlier sale). I think you need to have a frank talk with each other and also see a solicitor which it sounds like you are going to do.

@MaidenGarret thank you, that pretty much is how I feel. I will do exactly that this evening. I will give him the opportunity to leave it to his sister if he wants and if he doesn’t then that’s also ok. TIC with life interest and my half to my dc and his half to me anyway is what it may be

OP posts:
MaidenGarret · 07/06/2025 09:50

MyNamedoesntWork · 06/06/2025 23:13

Fair, however your partner gets to stay in the house (if that’s what you want) until he cohabits, marries or dies, if that’s what you stipulate, and your kids get your share of the property after that AS LONG AS YOU GET A PROPERLY DRAFTED WILL.

This ☝️. It’s entirely your decision but in your circumstances I would still do TIC even if my partner had no children. You say he is leaving his half to you which is up to him, but I assume he has no other family he wants to benefit, like nieces and nephews? You’re in a different position as you have children and they would be my priority here, regardless of the DIS and life assurance. Say you die first and he remarries a new partner who has children, and he then dies … your half share goes ultimately to someone else’s children or even more distant relatives. I have a friend this happened to - her dad remarried someone who had no children, he then died and she inherited everything. She subsequently made a will to leave everything to her nieces on her death and my friend and her siblings got nothing. That might have been what he wanted but I doubt it and I definitely wouldn’t want that if I was in your circumstances. I wonder if you are feeling awkward about it because he’s said he’s leaving his share to you? He’s in a different situation to you having no children. If you do feel awkward or feel that it’s unfair that he’s you could tell him he doesn’t need to leave his share to you but you feel the right thing is for you to leave your share to your children, so you both do TIC and grant each other the right to continue living in the property until death (or earlier sale). I think you need to have a frank talk with each other and also see a solicitor which it sounds like you are going to do.

Inheritancequery1 · 07/06/2025 07:37

MyNamedoesntWork · 06/06/2025 23:13

Fair, however your partner gets to stay in the house (if that’s what you want) until he cohabits, marries or dies, if that’s what you stipulate, and your kids get your share of the property after that AS LONG AS YOU GET A PROPERLY DRAFTED WILL.

@MyNamedoesntWork thank you.

OP posts:
MyNamedoesntWork · 06/06/2025 23:13

Inheritancequery1 · 06/06/2025 23:09

What’s confusing is what is the BEST thing to do for everyone, that leaves everyone in a good position

Fair, however your partner gets to stay in the house (if that’s what you want) until he cohabits, marries or dies, if that’s what you stipulate, and your kids get your share of the property after that AS LONG AS YOU GET A PROPERLY DRAFTED WILL.

Inheritancequery1 · 06/06/2025 23:09

MyNamedoesntWork · 06/06/2025 23:05

What is confusing you?
This planning is my day job btw.

What’s confusing is what is the BEST thing to do for everyone, that leaves everyone in a good position

OP posts:
MyNamedoesntWork · 06/06/2025 23:05

Inheritancequery1 · 06/06/2025 23:04

The house is currently worth ~500k
Thank you
im so confused now…😩

What is confusing you?
This planning is my day job btw.

Inheritancequery1 · 06/06/2025 23:04

MyNamedoesntWork · 06/06/2025 23:01

Ok, if you are TIC and the deceased spouse has left their share to beneficiaries other than the remaining spouse then the remaining spouse, should they need to go into care only owns half a house, the value of which is calculated as the value of half a house on the open market. The value of half a house on the open market is virtually nil, so is mostly disregarded when assessing their financial status re paying for the care home.

The house is currently worth ~500k
Thank you
im so confused now…😩

OP posts:
MyNamedoesntWork · 06/06/2025 23:01

Inheritancequery1 · 06/06/2025 22:55

What do you mean by this? I don’t understand

Ok, if you are TIC and the deceased spouse has left their share to beneficiaries other than the remaining spouse then the remaining spouse, should they need to go into care only owns half a house, the value of which is calculated as the value of half a house on the open market. The value of half a house on the open market is virtually nil, so is mostly disregarded when assessing their financial status re paying for the care home.

MyNamedoesntWork · 06/06/2025 22:56

TheMeasure · 06/06/2025 22:07

If Tenants in Common, the surviving spouse can remain in the house until death )and remarriage???). What happens if that person wants to sell up and move. Are the funds released to the children at that point or not until their death?

The Wills need to be properly written giving a right to reside to the remaining spouse with clauses setting out the rules regarding remarriage etc.
if the remaining spouse wishes to sell up, either the new property is bought as tenants in common with the beneficiaries or the proceeds of sale are split.

Inheritancequery1 · 06/06/2025 22:55

MyNamedoesntWork · 06/06/2025 22:51

Tenants in common, it aids care home fees planning.

What do you mean by this? I don’t understand

OP posts:
MyNamedoesntWork · 06/06/2025 22:51

Inheritancequery1 · 06/06/2025 19:56

I’m buying a house with my DP. I have dc from a previous relationship. On my death they will receive practically 800k in insurance policies and death in service. So this leaves the question…do I buy the house as joint tenants or tenants in common? I’m so torn 😅 help

Tenants in common, it aids care home fees planning.

Whyx · 06/06/2025 22:49

Re: Trusts.

I think clauses can be tweaked/added to include the ability to downsize. This kind of thing is then at the Trustees discretion. I assume you can make a proportional cash payment to the eventual beneficiaries at that point.
You can have a clause to dissolve the trust upon marriage/cohabiting.
It can be quite closely tailored as required.

Inheritancequery1 · 06/06/2025 22:08

TheMeasure · 06/06/2025 22:07

If Tenants in Common, the surviving spouse can remain in the house until death )and remarriage???). What happens if that person wants to sell up and move. Are the funds released to the children at that point or not until their death?

I think it’s until death or sale of property

OP posts:
Inheritancequery1 · 06/06/2025 22:07

Tiswa · 06/06/2025 22:04

Get legal advice and protect your half
for your children who should and need to be your priority

Of course they are my priority. The stand to inherit at least 150k each regardless! That’s a lot more than most! If I die right now they get 400k each regardless in trust to their dad (who they will also inherit from) and they will have plenty. They are my priority. I also now need to make a decision that suits all eventualities. It’s a hard decision because I want everyone looked after.

OP posts: