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.

Assuming you are in England/Wales, Scotland is different but you will still be entitled to a share where there is no will. You didn't say where you are living?

Here is the England and Wales rule.

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Maybe that is why he never made another one as he knew you would inherit. But it is a bit unfortunate that the situation is reversed and he now hasn't made ANY provision for his first family. It was probably on his to-do list that he never got round to.

I understand that you say they are well off, but maybe you could put something into trust for their children (his grandchildren) when you come to write your will.

I'm glad you've had better news, but I'm mystified by how it can have taken you and his children several months to think about what was in the will. How have you been managing for money without sorting out your husband's estate?

Joint savings in joint accounts will automatically go to you too.

The remainder of the estate pass according to the rules of intestacy. Go to see a solicitor taking details of all assets and I whose names they are and they will be able to help you see what you will get and apply for Letters of Administration.

The question is whether he actually didn’t update it since marriage or whether he re-confirmed it after marriage but didn’t alter the terms.

Who is the executor, how do you know the terms of the will, why hasn’t this detail been highlighted?

If no new will then he's died intestate.

So what happens next depends on what money is involved.

But you were married so the house wasn't his exclusively either

See a solicitor promptly, This could be convoluted

Completely agree. You didn't need to include that they're financially well off. It makes you look grabby and bitter.

They are still his children and they've still lost their dad.

It’s been… complicated. We’ve always been civil, but I wouldn’t say we’re particularly close. They were already older when DH and I got together, and I always got the sense they saw me as “Dad’s wife” rather than a real part of the family. No major fallouts, but not much warmth either.

Since DH passed, they’ve been polite but distant. I thought maybe that was just grief, but now I’m wondering if they knew about the will and expected everything to go to them. I don’t know how they’ll react if it turns out I inherit instead. I don’t want a huge fight, but I also need to think about myself and my DC.

Only up to a certain amount then the rest is split 50/50 with any kids.

The intestacy flow chart on government sites is what the op needs.

As said the will is not valid, which means he has been negligent in not properly providing for his children, he should have realized!
Now his children are at your mercy!

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You need to go and get legal advice.

On the Co-Op Legal Services webpages, it states:

Under marriage laws in England and Wales, any pre-existing Will is revoked when you enter into a legally binding marriage contract. This means that if you die without making a new Will after you get married, the law will decide who should inherit from you, under inheritance laws called the Rules of Intestacy.

Under the Rules of Intestacy, if you are married with children and the Estate is under £322k then your spouse would receive everything. If you are married with children and the Estate is over £322k (say £400k, for example) then your spouse would receive £322k of this plus your personal belongings. The remaining £78k would then be split 50/50 between your spouse and your children; your spouse would receive 50% of this and your children would equally share the other 50%.

It's important to note that the Rules of Intestacy only recognise biological or adopted children. Step children and foster children are not acknowledged under these rules. If you have step or foster children, they can inherit only from you is if you make a Will, naming them as Beneficiaries.

From the previous children's POV they could be rightly so furious if you then inherit everything and leave them with nothing.

If you do get it all make sure you stick to some of your husband wishes and share with the previous children. If you don't it'll be a huge slap in the face for them.

I am sorry for your loss
Get proper legal advice but sounds like his DC will be disappointed.
If they don't behave like total twats about it then maybe you could consider giving them something (assuming you can afford to)

His children can contest if they have then been left with nothing. Our solicitor advised writing everyone into the will with something-even if it’s only £50 because then it shows that you have considered them. Leaving direct descendants out completely gives them a crack in the door, so you might need to come to some agreement with maybe jewellery etc but clearly your home and savings/pensions will be safe.

you won’t necessarily get it all depending on the value of the estate although remember your joint children are beneficiaries as well

Chat gpt says that he died intestate which means that his chattels (personal belongings) go to his spouse and his remaining estate is inherited by you and his remaining children - if the property was owned jointly then it all goes to you, otherwise you get £250k and anything left after that is split half way between you and his remaining children

I would think they would already know that your marriage invalidated the previous will.
They should be the ones who are angry with him for not providing something for them after he married you, if there was some expectation there.

Depends on the value only the first 322k does in English law

That would be the case if their Dad had left them nothing but he effectively has no will so Intestacy applies

You need to say where you live before anyone can answer this question. If you're in the UK, which part?

@jackmd5 just get in contact with a solicitor and make an appointment to iron this out and to put thus through probate. Get the solicitor to dot the i’s and cross the t’s.
So sorry for your loss 💐

I would strongly suggest considering what provision he would have offered them, family possessions etc should be passed on. Be generous. It pays dividends in the long run

This from @dumpydumpydumpdump is very good advice. Eg. if there is anything of their mother's that you're now inheriting, or if you have no kids you can make your will in their favour, or something like that.

A relative married a third time but to a woman with no kids - he died before making another will so she inherited quite a few things that she knew should really have gone down the bloodline eg. jewellery of his mother (that she had never met), a family holiday home where he had holidayed with his children when they were growing up, so she gave those things to his adult kids outright. She also made a new will, made her stepchildren her executors and left almost everything to them. They in turn let her use the holiday home as long as she was alive and took care of her when she was older and alone - not as much as if they were her own kids, but it definitely paid dividends to have acted as if their father had made a will before he died.

What would your DH have wanted, do you think?