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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:
QueenAnneBoleyn · 29/06/2019 07:05

Get yourself some legal advice ASAP.

Isleepinahedgefund · 29/06/2019 07:08

Do you actually own any of the estate, never mind whether you paid for it?

swingofthings · 29/06/2019 07:09

Need more information really but as rule, in your circumstances, what is reasonable is that what you came into the marriage with go to your respective family. What you've bought/built together goes to the other one.

What assets do you have yourself? Do you have a will?

swingofthings · 29/06/2019 07:10

Oh and ré. You being guardian of his kid, totally unnaceptable he didn't ask you first.

lilpumpsmum · 29/06/2019 07:13

Fuck that.
You'd be better off in a divorce so start the ball rolling .

Esspee · 29/06/2019 07:19

When someone shows you what they think of you I suggest you take note and act accordingly.

SunshineCake · 29/06/2019 07:21

Why is it that some men always think they are in charge? Legal advice on Monday is your only sensible option.

Juells · 29/06/2019 07:23

Divorce the CF

CurlyWurlyTwirly · 29/06/2019 07:23

You should be claiming for a share of his business too.
You supported him whilst he built it up.

HJWT · 29/06/2019 07:23

I think id be having serious chats! 🤦🏻‍♀️

Divebar · 29/06/2019 07:25

Hmmmm why did he do a will on his own? I find that a bit weird. My husband and I are in the process of doing wills at the moment. We are creating a trust for our DD so if one of us dies half the estate is kept for her while the remaining half to the surviving parent. This prevents the possibility of all the estate going to the remaining parent who then could re-marry and feasibly leave their estate to a new husband / wife ( cutting out the child completely ). If we both die then we’ve discussed who would have her ( and asked them obviously) and also the provision for financial support for that person to ensure they can afford the additional cost. It’s a bit more complicated than a straight will leaving everything to the other person... but not ridiculously so. The adviser was also clear about what could and could not be done so I find it strange that a professional would draw up a will that on the face of it is unfair / unreasonable

AriadneesWeb · 29/06/2019 07:33

I agree with those who said divorce him now and get half. Otherwise it sounds like you’ll get nothing.

Whatsnewpussyhat · 29/06/2019 07:42

Have you actually spoken to him about it?

PutOnYourDamnSocks · 29/06/2019 07:51

I thought

all joint assets will automatically pass to you and are not covered in the will.

Only assets in his name only are covered by the will.

So the house (provided it is both names) automatically passes to you along with any accounts and investments with both your names on them.

Rosielily · 29/06/2019 07:54

If the house is held as tenants in common each share can be left in a will as the holder wishes. It doesn't automatically evolve to the other owner.

Juells · 29/06/2019 07:55

It also sounds like he sneaked off and did his will on the sly without consulting you. I don't think this is in any way accidental. By marrying you he thinks he's made you responsible for looking after his child, in return for a roof over your head that means you can't move anywhere else.

This was planned. Divorce.

TanMateix · 29/06/2019 07:56

That’s the deal Mumsneters, most often than not insist on, everything goes to the first marriage kids (because they should be put first) and you, a supposedly money grabber, should go out with nothing even if you paid for half of his living expenses and probably nursed him to death.

Get advice from a solicitor, you are not going to get a good idea of where you stand from here. And get it soon, so you can sort all this amicably before it sours your relationship.

PutOnYourDamnSocks · 29/06/2019 07:56

@Rosielily thanks i’d forgotten about the difference between joint/common

Rosielily · 29/06/2019 07:59

on the house we bought
This is the important bit from the house point of view - how was it purchased: joint tenants or tenants in common?

Agree with other posters - you need to take independent legal advice re the entirety of your husband's estate and the effect on you should you survive him.

Have you made a Will by the way?

Juells · 29/06/2019 08:00

I don't even know you and I have steam coming out my ears at the CFery of it Grin It's a useful insight into what he thinks of you. I'd never be able to get over this :(

BarbedBloom · 29/06/2019 08:01

Get legal advice. Making adequate provisions for his kids is fine and expected, but this is too far and I cannot believe he hasn't spoken to your or his ex about the guardian thing. If he wasn't willing to make some provision for you then I would be divorcing him now

ColaFreezePop · 29/06/2019 08:04

OP those saying divorce him should actually be saying wait a few years preferably 15-20 then divorce him. He will then learn the hard way about English divorce law....

Rosielily · 29/06/2019 08:08

@ColaFreezePop steady on there.... he's got grown up children and grandchildren....... he may not live that long!! 😂😂😂

cornishladywithapottymouth · 29/06/2019 08:08

I don't understand how he can dictate what you do with the house, who is the owner?

PettyContractor · 29/06/2019 08:09

You’re married. Marital assets belong as much to you as him. Please get advice.

I don't think there is such a thing as marital assets except during a divorce process. At other times, any property or money belongs 100% to the person whose name it's in.

Obviously something can be owned jointly, but that's nothing to do with being married. You can probably jointly own your home with your cat, as long as someone is trustee for the cat's share.

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