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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be annoyed I’m not in partners will????

923 replies

YourRealBiscuit · 03/11/2024 08:23

Backstory
we’ve been together almost 14 years. We’ve got children. Not married. His house we have lived in. He’s 60 I’m 50.

Am I being unreasonable that I’m annoyed now he’s doing his will his intention is to leave everything to the kids?
We have a decade age gap and I can’t help wondering what would happen to me of he died before me?
he sees it as his stuff so he leaves to who he wants to but I think it’s a huge red flag coupled with the fact obviously he’s not popped the question too

feels to me like he doesn’t really see us as an US?

what do you think?

OP posts:
Wednesdaysdrag · 03/11/2024 09:20

Notsuchafattynow · 03/11/2024 09:19

I'm imagining he doesn't realise the IHT implications, the entire country is obsessed with reducing their IHT, hence the recent loophole closures of pensions and ag land.

No one would prefer the govt to benefit over their kids!

But along with getting married and leaving everything to your spouse there’s the very real chance, that the surviving spouse will marry again and leave your kids nothing.

ThatIsNotMyNameSoWhyAreYouCallingMeThat · 03/11/2024 09:21

it’s a huge red flag coupled with the fact obviously he’s not popped the question too

You’ve grown and birthed actual humans. Any reason you couldn’t say “I want to get married. Do you? Shall we book a wedding?” in the last 14 years?

Nothatgingerpirate · 03/11/2024 09:21

Moonshine5 · 03/11/2024 08:26

I can't believe you've had to ask. Move out and set yourself up.

This with knobs.

Tbh, I'd much rather live alone at 50, than with a 60 yo partner or whoever else.

BellissimoGecko · 03/11/2024 09:21

Tell him that if he loves you, he should be planning for you in his will. Any good solicitor will tell him that.

I'd also say this was a leaving situation. It doesn't sound as if he values you or cares about you, and you can't talk to him. What's the point?

Boysnme · 03/11/2024 09:21

The only thing I think he’s not being fair on is that he’s not made any provisions for you to stay in the house until you pass away / go into a care home.

i am part of a very complicated blended family that all parents have left estates to their spouses on the understanding that the last one would leave it to the children. The last parent has now passed and the children have been disinherited.

So I can understand why he wants to make sure his estate goes to his children directly.

It is poor that he’s not considered how you could still stay there as it’s very common and straightforward to do this.

ElinoristhenewEnid · 03/11/2024 09:21

The important question seems to be- is he leaving the house to dc immediately on death or would you have the right to live there for your lifetime or at least a period of time without actually owning it?

MyrtlethePurpleTurtle · 03/11/2024 09:21

TheaBrandt · 03/11/2024 09:02

If you cut your spouse out of your will they have a very strong claim. The court would grant them broadly what they would have got on a divorce.

  1. She's not married
  2. Even if she were, the courts don't rewrite a will to make it it equivalent to the way a divorce might work. Yes, there may be a claim under The Inheritance (Provision for Family and Dependants) Act 1975 - but that doesn't give the courts leeway to treat probate like a divorce
ladykale · 03/11/2024 09:22

Boysnme · 03/11/2024 09:21

The only thing I think he’s not being fair on is that he’s not made any provisions for you to stay in the house until you pass away / go into a care home.

i am part of a very complicated blended family that all parents have left estates to their spouses on the understanding that the last one would leave it to the children. The last parent has now passed and the children have been disinherited.

So I can understand why he wants to make sure his estate goes to his children directly.

It is poor that he’s not considered how you could still stay there as it’s very common and straightforward to do this.

Different with blended family... they are her children!

Boobygravy · 03/11/2024 09:22

Moveoverdarlin · 03/11/2024 09:19

That could backfire. He could invoice her for backdated rent, of which she has paid £0.

Of course he couldn’t backdate 14 years rent. And I’m pretty sure raising his dc is worth something.
He would owe a lot more in childcare/ housekeeping fees than she would in rent.

Lovelock1984 · 03/11/2024 09:22

If I were you I would plough all your money you are now making into your LISA. Do not contribute at all to the house or anything in it. Use him like he has used you. If you leave you have nothing. He could live for another 20 years so use this time to get yourself set. When you are in a position to buy a place outright just go without a backward look.

MyrtlethePurpleTurtle · 03/11/2024 09:23

Xenia · 03/11/2024 09:18

We have testamentary freedom in English law so he can leave his assets where he wants. My father was worried my mother (they were married) might not leave his half to us children so as their house was in joint names he severed the joint tenancy so he could leave his half to us (although he ended up dying second anyway which none of us expected). So I can understand the father in this case of an unmarried couple who don't even own a home in joint names which presumably was entirely funded by the other partner wanting his children to have it.

I would not rely on litigation after he dies under The Inheritance (Provision for Family and Dependants) Act 1975. However I just checked to see if live in lovers, rather than just a spouse can use it and I think they can to get some share. This is part of a law firm's summary of the Act

"The Inheritance Act allows only certain categories of people to make a claim for “reasonable financial provision” from the estate of the deceased.
These categories of people include:

  1. The spouse or civil partner of the deceased;
  2. Former spouses or civil partners who have not remarried or formed a new civil partnership;
  3. Children of the deceased, including adopted children and children who were treated as a child of the family; and
  4. Individuals who were financially dependent on the deceased, such as cohabitees, or individuals who were maintained by the deceased prior to their death
In order therefore to make a claim under the Inheritance Act, the person or persons claiming must first show that;
  1. The deceased died domiciled in England and Wales;
  2. They are within one of the categories of people entitled to make a claim; and
  3. The deceased’s will (or the intestacy rules if applicable) result in a situation whereby they will not receive reasonable financial provision from their estate."

May be consider insuring the other partner's life with you benefit and you earn the money to pay the premium etc perhaps although he is getting a bit older so that could be expensive. Most long standing couples with children would put the house in joint names but there is no legal obligation to do that.
I think the partner here should change his will to leave everything equally to his children and to give his partner a right to stay in the house for say 5 years to give her a chance to earn money to rent elsewhere etc. However it is possible he wants the children to have assets due to inheritance tax issues - my own IHT limit is £325k and it looks like in the case here house worth £400k and investments £400k and even if the IHT tax free band is £500k in this case as includes a house etc that leaves £300k+ plus being taxed at 40% by the state and if instead it is taxed once inherited by the partner and then taxed again when she leaves it to the children that is double IHT - he may just be doing fairly standard methods of reducing IHT and the state getting its filthy mitts on his hard earned money.

very much agree with this

Billybagpuss · 03/11/2024 09:23

I think you realistically can’t afford to stay with him without jeopardising your long term future. You’ve sacrificed career progression and pension whilst raising your joint kids and if he is not going to make provision for you in his will I don’t think you have any choice but to leave. Also emotionally what is he bringing to the table? He doesn’t sound very nice.

How much longer would it take you to raise a deposit? I’d keep quiet for a while and start lining up your ducks.

Netcam · 03/11/2024 09:23

I would have a direct conversation with him, saying, what happens to me if you die before me?

If he dismisses it, I would say, in that case I'm going to buy a flat/house in my name and rent it out so that I have some security. You can say that if you die first, it can go to the kids.

The fact that you were working part time was a contribution to the household. He basically got free childcare and the ability to work full time, save and pay his mortgage while you got nothing.

My ex DH was a bit like this, when we decided I should give up work to look after the children when they were young, he refused to agree to paying anything into a pension for me. Even though he was a teacher so there were contributions to a teacher's pension, he also thought extra money should be paid into a private pension for him as well.

My now DH is not like this at all. We both work full time but due to me having to start again in a career, he earns twice as much as me. Because of my minimal pension savings, he contributes much more to the household expenses than me to enable me to save a large amount of my salary into a pension. And the household expenses involve the children who are not his. But we are a partnership and tried to find the best way forward to plan for our future and for situations where one of us might die first.

thegirlwithemousyhair · 03/11/2024 09:23

Get some legal advice ASAP. Its going to be messy if he dies before you which is entirely possible. In any event, you've been together 14 years, you've had his kids and he's leaving you nothing ?? He's prepared to leave you destitute in other words. Talk about a kick in the teeth. Appalling.

Wednesdaysdrag · 03/11/2024 09:23

Boobygravy · 03/11/2024 09:22

Of course he couldn’t backdate 14 years rent. And I’m pretty sure raising his dc is worth something.
He would owe a lot more in childcare/ housekeeping fees than she would in rent.

If she can create invoices for laundry and childcare he could create them for backdated rent, utilities and everything she has paid for.

Its always a ridiculous argument to say ‘give him and invoice for all the housework you have done’, especially when the person hasn’t paid towards living costs.

Longma · 03/11/2024 09:24

This reply has been withdrawn

This has been withdrawn by MNHQ for breaking our Talk Guidelines. at the request of it's author.

MyrtlethePurpleTurtle · 03/11/2024 09:24

BellissimoGecko · 03/11/2024 09:21

Tell him that if he loves you, he should be planning for you in his will. Any good solicitor will tell him that.

I'd also say this was a leaving situation. It doesn't sound as if he values you or cares about you, and you can't talk to him. What's the point?

Or just sort out life insurance - if he doesn't already have it

YourRealBiscuit · 03/11/2024 09:25

ThatIsNotMyNameSoWhyAreYouCallingMeThat · 03/11/2024 09:21

it’s a huge red flag coupled with the fact obviously he’s not popped the question too

You’ve grown and birthed actual humans. Any reason you couldn’t say “I want to get married. Do you? Shall we book a wedding?” in the last 14 years?

He would have said no!

OP posts:
Longma · 03/11/2024 09:25

This reply has been withdrawn

This has been withdrawn by MNHQ for breaking our Talk Guidelines. at the request of it's author.

Another2Cats · 03/11/2024 09:25

Wednesdaysdrag · 03/11/2024 09:20

But along with getting married and leaving everything to your spouse there’s the very real chance, that the surviving spouse will marry again and leave your kids nothing.

No, that doesn't have to happen at all. You leave everything you own to your children and give your spouse a life interest to live in the property.

That way the surviving spouse cannot touch any of the capital and the full £1 million IHT allowance is available on the death of the second spouse

premierleague · 03/11/2024 09:26

YourRealBiscuit · 03/11/2024 09:17

Yes I don’t pay rent and never have. There’s no mortgage to contribute to.

So you have 14 years worth of rent saved up? or where has that money gone?

Billybagpuss · 03/11/2024 09:26

Oh and as pp have pointed out no way is he being equal to the kids. Property prices usually increase more quickly than cash holdings and cash holdings are the first to be used for care home fees. The guy is a misogynistic pillock.

Notsuchafattynow · 03/11/2024 09:26

Wednesdaysdrag · 03/11/2024 09:20

But along with getting married and leaving everything to your spouse there’s the very real chance, that the surviving spouse will marry again and leave your kids nothing.

Nope.

You split house 50/50 and leave your shares to your kids in trust, not partner.

Surviving partner then only gets 50% but has the right to remain in home until their death.

Protects kids inheritance at 50%. Remember though, these are shared kids, he's not trying to protect his assets from a stepmother, but their mother.

oakleaffy · 03/11/2024 09:27

BleachedJumper · 03/11/2024 08:28

I think you’re right that he’s made it loud and clear it’s not an ‘Us’ team situation.

what assets do you have? Savings? I’d be pushing myself to get on the property ladder if I were you and you don’t yet own.

A woman of 50 getting a first mortgage?

Unless she has a phenomenally well paid job and a massive deposit, that isn't going to happen.

@YourRealBiscuit Your partner clearly doesn't care about your security.

IF the kids were his, alone, I'd understand.

Not a good position to be in.

HousefulofIkea · 03/11/2024 09:27

YourRealBiscuit · 03/11/2024 08:23

Backstory
we’ve been together almost 14 years. We’ve got children. Not married. His house we have lived in. He’s 60 I’m 50.

Am I being unreasonable that I’m annoyed now he’s doing his will his intention is to leave everything to the kids?
We have a decade age gap and I can’t help wondering what would happen to me of he died before me?
he sees it as his stuff so he leaves to who he wants to but I think it’s a huge red flag coupled with the fact obviously he’s not popped the question too

feels to me like he doesn’t really see us as an US?

what do you think?

OP are you not jointly on the mortgage? Usually in that scenario if one dies their share of the house passes to the other joint mortgage holder? Or if tenants in common is he just passing his half to the kids, you would then still own your half?

If he is the sole homeowner and you aren't married or on deeds/mortgage then yep, you're in a real pickle here and he is shafting you.

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