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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

DH won't make a will

61 replies

hondagirl500 · 23/12/2019 08:52

I got married a couple of years ago, been together about 10 years. Second marriage for us both.
I have a will, from when I was divorced, but now that is obviously out of date.
I have 2 children, so does he. All adults. No grandchildren on either side yet.
I have said we need to make wills - there is a remote possibility that we could both die together, in a crash for example, and then it all gets complex and his children could get nothing!
If a married couple die at same time, and it cannot be proved who actually died first, it is assumed the oldest (him) died first. Thus all assets pass to spouse (me). But if I am dead too, then all assets pass to MY children. His would not inherit anything.
Another scenario - I die, without a will. Everything goes to him. He 'says' he will ensure my children get my assets when he dies. But if he doesn't make a will, there is nothing in law to say they get it, when he eventually dies, his 2 would inherit all.
We need to make wills, so that it is all written properly and there is no doubt where the assets should be split.
But he is up in arms about it! Says I do not trust him, that he would make sure my kids would inherit (but how could they if there is no will?)
I cannot understand how he won't do this?
I cannot just make one on my own, as we own joint property, we both have to do it, but he won't even discuss it.
How do I make him see that this is so important?

OP posts:
1300cakes · 24/12/2019 11:35

LakieLady rtft they are already tenants in common. OP can make a will for herself any time.

Dontdisturbmenow · 24/12/2019 11:37

What you deserve at least is an explanation for hisx reluctance. Is it that he doesn't want to pay the fee (would cost him much more not doing it), that he somehow Reilly believe that doing sonic questioning each others trust (in this case he needs educating that it's s matter of legality, but trust) or could it be that he has a real fear of dying and he could see writing a will as tempting fate (I felt a but like that when I first consider doing it). If so, he needs time and support rather than pressurising and maybe you doing it first and seeing nothing happened to you will give him strength.

TrifenyMarlowe · 24/12/2019 12:03

I've seen the fallout when people like your partner dies.... It is a fucking nightmare. Seriously, on top of grief there's a load of ambiguous administration and financial stuff to deal with, and if the deceased hasn't left a will it makes a horrible, stressful, heartbroken time a thousand times worse.

I wouldn't wish that extra heartache on anyone, seriously, years later I still have a mix of grief and anger at that whole (avoidable) situation. People, make a fucking will so your loved ones aren't put through hell!!

Sparky18 · 24/12/2019 12:30

My mum has recently passed away. She made a will of trust, meaning her common law partner has now inherited everything, and only upon his death, we as children are the beneficiaries. He was trusted by my mum to uphold her wishes but wasn't legally bound to do so. Since my mum's oassi g he has cut all ties with us, therefore my siblings and I will not inherit anything from our mum and there's nothing we can do about it as thus is the process of the law. Please get a solicitor and write a will, you can decide who inherits your portion of your assets, your partner doesn't have to be involved. X

DollyPomPoms · 24/12/2019 13:17

How do you know he doesn’t have one? Maybe his reluctance is because he does have one, and it is not in your favour.

madcatladyforever · 24/12/2019 13:25

This is why I won't get married again. I want my son to have everything. My ex refused a will also and I knew after a while nothing would go to my son. I couldn't have that so when we divorced I decided I might be able to live with someone again but I'd never marry and everything I own goes to my son.

Hadjab · 24/12/2019 13:31

My husband didn’t make a will. I had to pay over £5k in legal fees to sort everything out. It’s also means our kids are now part owners of our house, which means they won’t qualify for 1st time buyers’ mortgages. It’s a massive pain - he needs to get it done

Sparky18 · 24/12/2019 14:53

Don't talk to him about it, save yourself the hassle. Just make your own with a solicitor.

Tistheseason17 · 24/12/2019 15:07

I bet he already has a will which is why these discussions are not particularly welcome on his part.

I would not expect he has left you everything either.

CalleighDoodle · 24/12/2019 15:12

My mum has four children. My dad shares two of the four with her. They refuse to make a will. Both not in great health. Confused

JustASmallTownCurl · 24/12/2019 15:38

My very mature and helpful opinion - he's being an absolute dick.

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