DH left me NOTHING in his will – devastated and fuming

[jackmd5]

I’m honestly reeling and don’t know what to do. DH of 15 years passed away unexpectedly a few months ago. It’s been a horrible time, and I’ve been dealing with everything – funeral, DC, paperwork, the lot – while also grieving.

I’ve just found out that he left NOTHING to me in his will. Not a penny. Everything has gone to his two DC from his first marriage, who are both adults and very comfortable financially. Our joint savings, the house (which is in his name, long story), even his personal possessions – all left to them. I get that he wanted to provide for them, but to leave me, his WIFE, completely out??! I am beyond hurt and also absolutely panicking because I have no idea where this leaves me financially.

He made the will before we were married, and I stupidly assumed he’d updated it. I trusted him. Never in a million years did I think he’d do this to me. I’ve raised our DC, supported him through thick and thin, and now I’m left with nothing??

I feel sick. I don’t even know where to start with legal stuff – does anyone know if I can challenge this? I can’t believe he’s done this. I thought we had a happy marriage. Just looking at his face in old photos makes me want to scream.

Has anyone been through anything similar? What did you do? I feel so betrayed.

Surely you just tell the adult dc the truth he died without a will and that legal advice is being sought and it is likely to go through intestate

joint accounts are rjngfenced as is the first 322k then the rest to be split between the children with a 40% tax bill to spend

Yes, without her name on the title deeds or a will, then the house goes into the pot: but she gets the first 325k, so she would either need to sell the house to take her share or get a mortgage for £75k to buy the estate out of the remaining portion (the £75k would go in the pot and be shared).

Alternatively, when distributing the remaining assets [above £325k] between the children, should there be £37,500 per child remaining, OP could request that the children’s share of the inheritance is taken in the form of the remainder of the house. A trust would be set up, and the land registry title deeds would show that 75/400ths of the value of the house is held in trust for OPs children so that she cannot sell or raise a mortgage against their portion at any stage.

Apologies @Tiswa you are correct - monies in joint accounts go to surviving spouse. Will go and get my DH to add my name to those…🤣

I think that you need to work out with your solicitor what is fair to his older DC. There were clearly substantial assets before you married him, and ethically, you can't disinherit his DC, even though his carelessness has done so. It may also depend upon what assets you brought to the marriage, and what asserts or finance you contributed during the marriage.

Talk to an experienced family lawyer, and get buy in from his older children. Otherwise they'll be tempted to appeal the probate/intestacy, on the grounds of his existing will.

Something like apportioning it so that on your dearth (sorry), all the DC from both marriages, inherit an equal amount.

All your DH's children have lost their father - that needs to be remembered.

Assuming no valid will (and you are in England or Wales) you are entitled to the first £322,000 of the estate and all of you DH’s personal possessions (regardless of value) as well as half of the remaining estate over the initial £322,000 and then the remaining amount will go to the children.

This is all set out on the www.gov.uk website (type in Intestacy and it will take you to the right bit). Your wish to check with a solicitor is a reasonable one though.

💐 I’m sorry for your loss

He died intestate, so his adult children got their share of his estate, as per English law. The pension was a completely separate matter: only a dependent was able to inherit the pension, so that lasted until his youngest child graduated.

ETA The only person who got nothing from his estate was his partner of 16 yrs. They were engaged but he died before the wedding could take place.

Don’t forget that she can also child support through his estate.

No. Spouse gets the first £322k. Plus all personal possessions. If the estate is worth more than £322k 50% of anything over that goes to the spouse, the remaining 50% is split between biological or adopted children. So for an estate worth 400k for example the spouse inherits 322k + 39k (half of the residual 78k). Children share the remaining 39k

@LittleBigHead ethically you can’t disinherit your spouse. That’s why there’s legislation in place for when people do so. You might think that you can leave everything to your kids but if that leaves your husband or wife with nothing then it’s likely they’ve got a good claim under The Inheritance Act. The laws of intestacy have decided what’s legally fair already. The inheritance Act does the same for when there is a valid will leaving out the spouse.

Having been in a fairly similar situation, solicitors tend not to give ethical advice or discuss what's fair. IME lawyers will only advise on the legality of a situation and protect their client's interests.

Yes, just been looking it up - the amounts have changed since I last looked it up, I think, or I misremembered. Had completely forgotten that the spouse gets an additional half after that amount. Hopefully that is enough for OP to be certain that her house is secure for her children.

Yes that's why I said a share of the house, which was their dad's originally.

Honestly OP, if I was one of his children from his 1st marriage I’d be pretty peed off if his younger second wife inherited the house I had grown up in, which she hadn’t paid for. It would be a huge kick in the teeth.

It’s irrelevant how you would feel. This is just what happens when people remarry and have second families. Of course the wife and kids inherit the home they live in.

In that circumstance the person has to make separate provision in their will for the first family.

Marriage is a legal contract and this is how our laws currently work. It's not the OP's fault. Their father chose to confer these rights by marrying her.

It won't be everything, likely intestate rules so you'll get the majority but they should still get a substantial sum.

She is not obliged to consult the older children or obtain their "buy in." She is not accountable to them.

And I'm sure first wife was given adequate provision in return for him keeping the house in the divorce. They will have had a fair settlement.

The house was his entirely. Ex wife's contributions bought out in divorce. While his older children did grow up there, his younger kids are still growing up there.

She’ll probably remarry and the original adult children will get nothing from their family home.

Then they need to be peed off with their father who didn't make proper provision for them.

Also, presumably his children will inherit from the first wife's estate when she dies.

OP is recently widowed and worried about losing the home she's lived in for 15 years and where she houses her children. Don't be so bloody nasty.

A high street solicitors firm these days would normally have several solicitors doing different types of work. One man firms don't normally do a wide spectrum of law.

However I agree that it doesn't take specialist knowledge to point out that marriage invalidates a will not made in contemplation of that marriage. The basic intestacy rules are easily accessible via Google.

A lay person can deal with an estate if they have time and are reasonably literate, but honestly in the aftermath of a significant bereavement and with a relatively large estate I think a solicitor is worth the money. I'm an executor of a similar sized estate and am very glad I didn't DIY, despite legal qualifications.

The potentially more complex part for the OP comes if the adult children have attempted to execute the old will and this needs to be challenged or if they try to mount any kind of challenge.

Unless the will was specifically written in anticipation of the marriage, it is invalid. Marriage invalidates previous wills. Go and see a wills and probate solicitor immediately. As his wife, you should receive the bulk of his estate. Do not discuss this with his family until you have seen your lawyer, and don't let them take anything.

If you go for fairness. The oldest children should inherit the entire house since its was their parents asset before op came along.

With a right for op to live in till youngest child is 18. Op and her children get the cash, pension etc and

I have a feeling op won’t want to do that though but morally that would be what sits right.

Well that says a lot about you and how much you put your self first and not your step mother of 15yrs or your underage half siblings who have also lived there all there lives. Just money grabbing.