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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

is DH died...

155 replies

cjt110 · 12/06/2019 15:14

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?

OP posts:
Gth1234 · 12/06/2019 20:16

if he hasn't; got a will, I believe you get a certain amount, and the kids get the rest. This may not include the entire family house.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Gth1234 · 12/06/2019 20:17

if he hasn't; got a will, I believe you get a certain amount, and the kids get the rest. This may not include the entire family house.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

SpamChaudFroid · 12/06/2019 20:29

spam I'm sorry but you are wrong.

Well that is most worrying. Do you have any sterling advice on who I should hand back DH's estate to? Confused

SpamChaudFroid · 12/06/2019 20:29

This reply has been deleted

Message withdrawn at poster's request.

decisionsindecisions · 12/06/2019 20:37

spam I get the impression you just want a row. Well you’re not going to get one from me.

If you had no children then the situation would be different. But this thread is about the OP, not you, and she does have a child.

bourbonbiccy · 12/06/2019 20:39

Not to high jack the thread but does anyone have any recommendation of companies to use with regards to wills, there are so many it's a minefield ?

SpamChaudFroid · 12/06/2019 20:40

This reply has been deleted

Message withdrawn at poster's request.

SpamChaudFroid · 12/06/2019 20:41

This reply has been deleted

Message withdrawn at poster's request.

decisionsindecisions · 12/06/2019 20:42

spam I get the impression you just want a row. Well you’re not going to get one from me.

If you had no children then the situation would be different. But this thread is about the OP, not you, and she does have a child.

Widowodiw · 12/06/2019 20:42

You need to redo your Will has it’s invalid now you are married.

boobirdblue · 12/06/2019 20:44

@SpamChaudFroid I'm not wrong! Why are you saying that? The OP has a child and your statement was wrong? Not in all cases does it go to the spouse, it's not a "blanket" rule!

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.

Spam said "it goes to the spouse" it doesn't necessarily and OP has children involved so therefore saying to OP it will go to spouse is incorrect.

boobirdblue · 12/06/2019 20:45

*spam I get the impression you just want a row. Well you’re not going to get one from me.

If you had no children then the situation would be different. But this thread is about the OP, not you, and she does have a child*

^^this!

Widowodiw · 12/06/2019 20:45

You need to redo your Will has it’s invalid now you are married.

cupofteaandcake · 12/06/2019 20:49

decisions - but we are not married. We live together with 2 DC, house held jointly so he gets half of that anyway.

decisionsindecisions · 12/06/2019 20:51

bourbon Preferably a solicitor. A private client solicitor who knows about Wills, probate, trusts and tax. Someone who understands not only about Will drafting but also about what happens on death and what would happen for your family.

In most cases (not all obviously) younger married people with children of that union want simple Wills that leave everything to each other and then to the children. Sometimes clients are worried about what would happen if their spouse remarried and you might offer different advice in those circumstances. Other issues might be inheritance tax, death in service benefits, life insurance (which in some cases does not fall into the estate).

Older people might be worried about care and the costs of this. They might also be worried about IHT. These ideas sometimes conflict with each other and you have to be mindful of all of the different scenarios that could arise.

A well drafted Will and some other lifetime planning could actually save money longer term.

decisionsindecisions · 12/06/2019 20:58

cupof Irreverent I’m afraid. If you cohabit your partner could make a claim against your estate. It all turns on the facts of that particular case. I have dealt with a case where an older couple sort of lived together. They both had their own houses but the gentleman who died spent a lot of time with his partner at her house. He helped her out with money, paid some of her bills (this was obviously over a number of years). When he died she made a claim that she was financially dependant on him. She won and got about 50k from his estate. He hadn’t even made a Will.

SunniDay · 12/06/2019 20:58

"I am assuming in that scenario my Mum's possessions go to me, and my dad's to his biological son."

Even if your parents got married step children don't automatically inherit. Your dad would need to make a will if he wants you to inherit.

decisionsindecisions · 12/06/2019 21:02

** Irrelevant- I hate autocorrect on iPad

cupofteaandcake · 12/06/2019 21:02

Thanks decisions, that's really useful I hadn't realised that. Law and taxes are so confusing in different scenarios. I just want to ensure my share goes to my children and no-one else so I'd better find myself a solicitor!

Missingstreetlife · 12/06/2019 21:03

Please read the thread. Op made her will in anticipation of marriage so it still valid. Spam, that was right in your situation but maybe not for others, as described. Op, if you dh only wants what would happen anyway he needn't make a will, you can decide after it comes to you. Obvs if you go first or other future changes he needs to rethink. Will should be reviewed if major changes or every so often.

decisionsindecisions · 12/06/2019 21:11

cupof This is exactly why everyone should get proper advice. There is no one size fits all to any area of law. Every single case is different.

I often get people wanting to apply for a Grant themselves. This is no problem whatsoever but most people don’t know about how to deal with an estate properly. Why would they? When I want my car fixed I go to a mechanic. I don’t try and fix it myself on the basis of what Bob from the corner shop tells me. Similarly with home made Wills. They are often wrong or haven’t been executed correctly.

My firm has a fixed fee scale for most things. Shop around, find someone you like who listens to you and asks you lots of questions about you, your life, your kids, your assets etc. So many problems can be avoided by simply taking some proper advice, tailored to your family circumstances.

Oysterbabe · 12/06/2019 21:16

I've told my DH if he dies first I'll throw his mountains of junk in a skip

MsTSwift · 12/06/2019 21:38

I attend almost all clients will signings on the rare occasions they sign themselves and send the will back to me for checking in about half of cases they have cocked it up despite careful instructions So I dread to think about how many home made wills are wrong! Lots of my clients are solicitors in other areas of law - they don’t do their own wills...

FinallyHere · 13/06/2019 08:36

any recommendation of companies to use with regards to wills

@bourbonbiccy

That at least is easy bourbonbiccy

@mumblechum0 of MN did ours. All by phone, asked us lots of questions to make sure we had covered all eventualities. Think PP did a link to Marlow Wills

AnotherEmma · 13/06/2019 08:49

Yes I shared the link (just to clarify mumblechum = Marlow Wills!)

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