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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Aibu to think this will is fair?

33 replies

ABasicBitch · 03/04/2017 17:44

So background dh has two dc (ds and dd) and I have two boys.

This is what dh thinks Is fair either me or dh passes away the surviving partner gets everything. Then when the sole partner dies it will be divided between all four dc.

I am against this I have money I've inherited including a property that I don't want dh's dc to get a share of it because why should they.

I think it should be split and be given to dc in trust when the dc die.

OP posts:
FFSenoughofthis · 03/04/2017 18:57

I'd put everything into a trust with your DH as the beneficiary whilst he's alive and then your DC as ultimate beneficiaries. Otherwise as others have said there's nothing to stop your husband changing his mind once you've gone and your DCs getting nothing unfortunately.

Really shit, but death brings out the worst in people.

wherearemymarbles · 03/04/2017 19:05

Men are idiots when it come it comes to wills full stop. Most of the stories you hear are the result of men thinking their spouse will 'do the right thing' It does of course happen the other way round but women i think tend to be more asute or determined to ensure their children wil be looked after.

In your case your will states your ds gets your share of the house and oh has life interest. You will need trustees etc

Unicorn81 · 03/04/2017 19:17

Defo agree to setting up trusts rather than dh suggestion, id consult a solicitor to be honest

Allthebestnamesareused · 03/04/2017 19:39

If anyone is considering a life interest in property and then the money going to the kids after the second adult dies please ensure you are not tied to that particular property. The surviving spouse may want to downsize or move closer to kids etc and they should be allowed to do that using the proceeds of the property to enable them to move if they wish to.

WhereYouLeftIt · 03/04/2017 20:15

"This is what dh thinks Is fair either me or dh passes away the surviving partner gets everything. Then when the sole partner dies it will be divided between all four dc. "
Except, except, except - the surviving partner is under no obligation to divide it between all four. And there's a very good chance they won't. I've read many a thread on here by an OP whose stepparent decided to disinherit them after their parent died. It's so common it's almost a cliche.

And that's without considering the pressures brought to bear by any new partner of the survivor, who may have their own children they wish to provide for.

Nope. It might sound theoretically fair, but in the real world shit happens. I'd suggest you get your husband to read the first chapter of Sense & Sensibility, which I think is a very good illustration of how original good intentions quickly corrupt into self-interest. Sad

Livelovebehappy · 03/04/2017 20:26

Repeating what others have on this thread; money and death really do bring out the worst in people. Don't trust anyone to do the right thing in the event of death, because people can behave totally different to how you would imagine when money is involved.

gobbin · 03/04/2017 20:50

DH was disinherited in a similar way - his DF remarried, then died and everything was shared between his second wife, her son and grandchildren. DH got nothing out of a 1.5m estate.

CMamaof4 · 03/04/2017 21:01

YANBU I would also give any money I had to my own DC.

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