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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Husband not included me in will

285 replies

Finallyfeelstrong · 29/06/2019 04:26

I’ve just been given a copy of will my husband had done at Christmas.
We have been together for 7 years and married for 1year. He has grown up sons, grandchildren and a son who lives with us as his home life was chaotic. I also have two grown up children and a younger one living with us.
I work full time and husband has a business. When I met him it was only just keeping a float. Since then he has built it into a million pound business. I have worked, payed the mortgage and the cost of renovations on the house we bought that I lived in initially as I had all children at home and neither house was big enough. So I lived across the road and paid £650 a month rent as it covered full renovation and the mortgage is £210. I continue to pay the mortgage on that house and renovations and my adult children with one of his live in their. I also pay towards bills and groceries etc in the house we all live in.
I look after both his and my younger children and raise him as my own. My own child goes to his fathers every weekend and half of every holiday and his son sees his mum for a couple of hours once a week.
Anyway I was given a copy of the will my husband wrote after we were married as he had promised his exw that kids would be looked after. Which is what I also would expect.
The will states I’m to be guardian of his younger child, his mum hasn’t been informed, that the business, all the properties, 500k in life insurance will be given to children of his marriage and kept in trust, for his kids and their futures.
That I can live in the house I’ve actually paid for rent free for the rest of my life but can’t sell it etc even though he told me it could be and on death to be split between all our kids
It explicitly states that other than the house I pay for that is already covered in a different clause. Should-my name- benefit from any part of my estate other than the property named.

OP posts:
Contraceptionismyfriend · 02/07/2019 09:16

If you dish out legal advice you do need to say whether you are legally qualified to do so.
Don't be so ridiculous. This is an anonymous hat forum. I could write that I'm an astronaut.

People can give whatever advice they want without having to divulge personal info.

It's down the to reader to verify the details.

JinglingHellsBells · 02/07/2019 09:50

'Ridiculous'?

Don't be so daft. That's a bit strong.

Someone comes along quoting chapter and verse in legal-ish lingo and gives the impression they are an expert. Nothing wrong at all in asking if they are a legal bod.

I contributed to the questions by discussing teachers' pensions, as I have one. It's relevant.

prh47bridge · 02/07/2019 09:56

This was never the case with my 'aunt' as I called her. ALL proceeds from the house sale had to go to her stepsons

At one time it was reasonably common for life interest trusts to be written in this way. That has changed. It is now normal for a life interest trust to be written so that the person with the life interest can sell the property and move elsewhere. As this is a recent will I would expect it to be written in that way as that is a standard life interest trust. It is, however, possible that the life interest trust is written so that the OP genuinely cannot move. She needs to consult a solicitor who will be able to tell her exactly what this life interest allows her to do.

SandyY2K · 02/07/2019 18:36

I'm not sure that the OP would be entitled to half as pp are saying.

This is a short marriage...1 year. Expecting half of what he acquired before the marriage doesn't sound fair.

The law won't necessarily take the years of courtship into account, even if you were supporting his property business at the time.

Do you really think he would have been unable to purchase these properties without you? He comes across as a sound business man... he was able to pay for adaptations to the home you were renting...so he clearly wasn't short of money.

prh47bridge · 02/07/2019 20:12

The law won't necessarily take the years of courtship into account

If a couple cohabits for a while before marriage and there is no break that will be counted towards the length of the marriage. However, if I understand correctly, the OP only moved in with her husband when they married. If that is right this is indeed a short marriage and she is unlikely to get anything like 50% of the assets if they divorce at this stage.

prh47bridge · 02/07/2019 22:26

(back after watching the England match!)

Indeed, if she has only been married one year and did not live with her husband before the marriage, it may be that his will gives her rather more than she would get on divorce. There is insufficient information on this thread to say whether or not the will is unfair to the OP. It might be but those who have said she is entitled to 50% of everything if she divorces are well wide of the mark. For a short marriage the courts are likely to take the approach of putting both the OP and her husband back in the position they were in prior to marriage.

prh47bridge · 02/07/2019 22:30

@JinglingHellsBells - I am a regular poster on Mumsnet. Take a look at my posts and what others say about me and draw your own conclusions.

JinglinghellsBells · 03/07/2019 17:43

@prh47bridge I have looked at your posting history and can see you either have legal training or you look things up in order to reply on MN! Very good of you to give free advice.
Don't understand the need for being secretive though about it because lots of professionals are happy to say they are a teacher, nurse, dr, dentist etc. There is no way we'd know who you or they were simply by disclosing their work.

Mix56 · 05/07/2019 10:18

Have you sought legal advice OP?
Even if you got back to where you were at the start of all this. At least from now on you will spend money on your own house & family, & work from there

Enclume · 05/07/2019 11:27

Jingling, we are all lawyers here on Mumsnet.

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