is DH died...

[cjt110]

what would happen to his stuff?

I have a Will. Made before we married, in contemplation of marriage and basically covers each eventuality with/without children, if i die before him etc.

I have said to DH he needs to get his shit together and sort one out. Been saying it for a few years and DS is almost 5.

So. What would happen to his stuff car, house, personal effects if he died before me? or after me?

My H died intestate last year. Estate was less than £250 K, house was joint tenants. I had to get a letter of administration via a local solicitor, but still had access to our one shared bank account. It was all really straightforward.

Show/send them these:

[[Wills (EW) § Why it is important to make a will
www.citizensadvice.org.uk/family/death-and-wills/wills/#h-why-it-is-important-to-make-a-will Why it is important to make a will]] (Citizens Advice]]

Free and cheap wills (MSE)

And if you want recommendations, mine is Marlow Wills (a Mumsnetter!)

Damn, link fail
Why it is important to make a will (Citizens Advice)

@SpamChaudFroid your wrong stop talking about things you don't know!

Excuse me? I lived through it. Therefore I know about it. Are you usually this brash and unpleasant?

@SpamChaudFroid sorry to hear that but you're still wrong.

Joint assets move to you, next £250k of residual estate and then 50% of the remainder.

Your DHs estate may have fallen into the first two options but that's not the case for everyone.

Excuse me? I lived through it. Therefore I know about it. Are you usually this brash and unpleasant?

I get irritated by people stating untrue facts, people believe them and end up with problems.

I seen it so many times and it's always the same response "but my neighbour/friend etc" told me that.

I seen it so many times and it's always the same response "but my neighbour/friend etc" told me that

That's not the case here, I am not reporting apocryphal evidence. You're actually saying I am making it up about my husband dying and that I inherited, but lack of a will caused admin problems that I could have done without? Really!?

I get irritated by people stating untrue facts, people believe them and end up with problems.

And I get irritated by weird twats on the internet.

@SpamChaudFroid no I'm saying this is wrong

As others have said, were he to die, everything will pass to you

As I've stated the estate does not necessarily all pass to the spouse

codemonkey No, there is no such problem because the half interest in the house does not belong to the children, it belongs to the Trust.
If the survivor wants to sell the house there is no problem, they go ahead - the children have a half interest in the new house via the Trust if a new house is bought; if not the half share of funds released is simply held in the Trust.

Whether you can do this and still have enough funds available to fund good quality care if needed does depend on the overall value of your house, and your other assets, and income.

ODFOD

@SpamChaudFroid righto!! There is no point giving out incorrect advice.

I was giving my direct experience of what OP asked about.

I'm so sorry for derail OP, I'll bow out of the thread.

I think anyone making a will needs to consider what will happen to their assets when they die. I want to guarantee that my assets to go to my children. There is a danger that if you die and your partner/DH gets everything and they re-marry, your children could lose out (I've see this happen a couple of times). So all my assets are going to my children as my next of kin.

I do just think a will is a very sensible thing to do. Yes - if married probably not terribly complicated , but it makes it clearer

Would it help change his mind if he thought making a will makes his estate less likely to end up with the taxman?

OP, you have had some correct advice on here, but also a lot of incorrect advice, and it's hard for you to know the difference as it's all stated to be right! The gov link upthread and decisionsindecisions posts will be useful. My advice: go see a solicitor or a will writing service. Get advice (if you see a lawyer who gets it wrong, you have redress. There is no redress here!!)

If you both die at the same time (and medical professionals are unable to determine who died first) the youngest person's will is the one that becomes effective.

I asked this when discussing DH's and my wills, as we have very different things in ours with regards to personal effects

I've made several DIY wills over the years, but never got around to having any of them witnessed. It's about time some sort of on-line option was invented to get around this issue. (Law to be changed to enable, if necessary.)

I'm actually perfectly happy with the way intestacy laws would distribute my money, which undermines my motivation.

If you are married your spouse is nok, not dc. You can will everything to dc but who will care for them and where? Also you have to provide for spouse, they can't be completely cut out. Might get part of pension or life interest in property. If you divorce they would get half.
Is sensible to think of the future, not just when you die

i wouldn't have a mirror will, they are known to be cheaper but also potentially more probmatic.

DH inherited from his father ( not a huge amount but it had to be taken into account for care ) - he was not considered NOK when his father was very ill ( in meaningful terms ) Which is why - apart from wills , POAs are a good thing - both financial and Health and Welfare. They can be done on the internet for a administrative cost.

Spam is right if she had no children it does all go to spouse. If there are children spouse gets chattels first £250k and half the remainder kids other half.

Perfect example of why you need to take advice from a professional about your own circumstances particular to you

cupof - regarding leaving everything to children and nothing to spouse. See this link www.legislation.gov.uk/ukpga/1975/63

Your estate runs the risk of your spouse making a claim on the basis that your Will does not make reasonable financial provision for them.

spam I'm sorry but you are wrong.

Joint assets pass automatically by survivorship = probate not needed BUT should be included on IHT205/IHT400 forms.

Assets in sole name of deceased may require Probate/Letters of Administration but not always. For example Lloyds will release up to 50k without a Grant. They will however require sight of the Will or ask you to sign a Stat Dec.

The net estate requiring a Grant has to be below £250k to pass to spouse. Anything over this is split as at a half share absolutely for the spouse and the other half is held for the children or held in trust for any minor children.

All estates are different and without knowing how the OP's assets are set up no one can give her correct advice on her situation.