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"Will" question.

3 replies

thinking123 · 27/06/2022 14:32

So my pil today have told us they plan to see a solicitor next week to update their wills.

They don't have a huge estate, just a fairly modest house that they want to leave to their two children. (My dh and his sibling)

So they plan to ask the solicitor to write the Will so that if one of them dies their half of the house is left directly to their kids and not their spouse. Eg if mother in law dies first dh and sibling would own 25% each of the house and fil 50%.

They have two reasons for doing this. They believe it means that if only one them
Needed a care home then an inheritance would still be left. (Obviously it both need a care home the house would still be gone)

The second reason is that fil is terrible with money and Mil believes that without her to manage him he would not pay bills, get into debt and loose the house. He's a lovely man but he just is useless with money.

Anyway to my point. Surely if they needed a care home this would be seen as deprivation of assets. Otherwise wouldn't everyone do something like this

OP posts:
OompaLoompaa · 27/06/2022 14:41

Are they tenants in common or joint tenants?

thinking123 · 27/06/2022 15:19

I think they are tenants in common. They want the solicitor to change this

OP posts:
kerosene20 · 27/06/2022 15:26

No these wills are fine. They will need to be tenants in common. Most people do this nowadays. It’s not deprivation it’s a legitimate way of estate planning.

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