Husband changed will behind wife’s back

[Geminiii]

Hi.

I have name changed for this. I don’t know what I am looking for, perhaps an idea of whether I’m blowing this out of proportion in my mind. This relates to my mum and stepfather.

Background for context: My mum has been with my stepfather for 17 years now, married for 12 years. My stepfather has two adult DC from a previous relationship and my mum has me and my sister. Mum and my stepfather jointly own a property with no mortgage.

My stepfather has form for being extremely money obsessed. He is very tight and over the years as things have needed replacing round the house he refuses to pay in to it, so my mum has essentially paid for all renovations because she wants a nice home, including new kitchen, new bathroom, and an annex built. There are many examples I could give, but let’s just say I am extremely suspicious of his intentions regarding finances and I suspect he is financially abusive towards my mum based on many incidents that have occurred.

My mum and stepfather agreed years ago that when they pass away, the house will be split four ways between myself, my sister and our step siblings. They made separate wills and everything was put in place. I have recently encouraged mum to consider selling the house and them both retiring abroad and enjoying the money as mum has always wanted to retire abroad and I also want her to enjoy the equity from the house that she worked so hard for over the years. Anyway, they have agreed not to sell and potentially move abroad and rent so they have a UK base should they need to return.

Fast forward to last week, my mum found out that my stepfather had made an appointment with a solicitor to change his will, she asked him for more information as to what the appointment was for. He said that he has changed his will to say he that in the event that my mum dies first, he will ask that the house only goes to his DC and has removed our share from the will entirely. My mum is very upset by this but won’t confront him. My mum had a very abusive childhood and is terrified of confrontation. He gave no explanation as to why he’d done this and shut the conversation down.

I am beyond furious with him because I cannot understand why he would go back on their agreement? Let me just say this is not about financial gain for me, I would rather my mum sell up and enjoy her retirement. What is really getting to me is what his motive would be to do this? I am hurt that he thinks that little of my mum that he would go out of his way to go back on an agreement he made with her.

He is obsessed with finances. I really started to question his morals recently when his mum had a fall and was discharged from hospital and placed in a nursing home for rehabilitation until she is fit to return to her home, and as it turns out, she likes it there a lot and doesn’t want to leave. He made sure her house was put in his name years ago so that he got the house when she died, but he is aware that this doesn’t always work. He recently has been trying to force her to go home stating that ‘there’s nothing wrong with her’. She told him she prefers living in the nursing home for company and she is enjoying having her food cooked for her etc. He told her she’s being lazy and she needs to get herself home (to an empty home may I add - her husband died 15 years ago). He very quickly sorted power of attorney over her finances a few years back when she fell ill and always talks about his entitlement to her property. I think that he is concerned that he will be ordered to pay back her care fees when he sells the house if she passes away, and that’s why he’s trying to force her home.

The incident with his mum and now the sudden change of will without prior discussion with my mum is making me doubt his character a lot. Would I be unreasonable in encouraging my mum to really challenge him on this, or better still, seriously consider the marriage she is in? There has been no significant fall out between any of us that would trigger him to do this. I find it rather chilling that he’s always so over nice to our faces but has other intentions behind our back.

He said that he has changed his will to say he that in the event that my mum dies first, he will ask that the house only goes to his DC and has removed our share from the will entirely. My mum is very upset by this but won’t confront him

I don't really understand this because he can ask all he likes but if your Mum's will says something different then that is what to happen.
So all your Mum has to do is write a will to say that her share goes to her children when she dies.
What does her will currently say? Is she currently leaving her half to him?

Ps. If they are Joint Tennants then it's really easy to change to Tennants in common. She can do this without his permission. I think she just informs the Land Registry. I'll check back in later when I have a minute.

Not correct. If the house is Joint Tennants he will inherit her half automatically if she passes first.

She needs to sever the joint tenancy so they own 50% each. Otherwise the survivor gets 100% the house when the first one dies and can do what they want with it. There is no "share" of the deceased to pass on.

If your mum does what she suggests and wills her assets to her children only, that only works if she survives her husband. So whoever dies first "loses" as it were.

Get your mum to follow this process. It does not need your stepdad's approval or signature.

www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

And then get her will amended to say she leaves her half to you and your sister.

Good advice above. You need to find out if they own as tenants in common or joint tenants. If the former, then he can only leave his share to his children, and she can leave hers to whomever she wants. If it's a joint tenancy then what the wills say is irrelevant: the survivor gets the whole thing and can leave it to whomever they want.

Your mum can sever the joint tenancy (if it is one) with or without his consent. A solicitor can do this cheaply. Then if her will says her share goes to you, it will.

You can find out whether it's a joint tenancy or tenants in common by obtaining a copy of the title register from Land Registry for about £10.

He sounds like an abusive controlling arsehole who will screw you over if he can.

Getting a copy of the land registry title costs £3 - I did it myself two days ago.

Under section B look for a phrase beginning Restriction: no disposition by a sole proprietor of the land … If that phrase is there, they are tenants in common. If it’s not there, they’re joint tenants. If tenants in common, no problem, as your mum’s will will be what matters. If joint tenants, her half of the house goes to him if she dies first, no matter what her will said.

You need proper legal advice, but if they are joint owners and she dies first, he will inherit her half. They need to change the ownership to tenants in common (I think) to allow her to leave her half where she wantes. This is what I did with my late DH, as we each had children from previous marriages - but this was done with discussion and full agreement. It doesn't sound as though your mother will stand up to him.

The above posters are correct. Joint tenants comes before any will. If they own jointly the doctrine of survivorship means the first to dies share automatically goes to the survivor even if the survivor has a will.

The good news is for most people if it’s a second marriage and they have their own kids they are often already tenants in common without realising. Joint tenants is more a default for people on first marriage kids together. Worth checking though of course .

First to die has a Will should say

A joint tenancy can be severed unilaterally. It does not need both parties to agree.

This.

Or divorce. He sounds awful and unfortunately it's not uncommon for children to be disinherited by step parents.

What's your relationship like with your step siblings? You said you'd share with them regardless of the wills - do you think they'd do the same for you?

Yes my parents were joint Tennant and the will writer ( mumblechum on here changed it to tenants in common
and I remember her saying that it was easy to do and you didn’t need permission from the other person