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Original poster

I want to write a will so my children get my half of the house, not DH!

22 replies

abbeygal · 04/03/2012 23:12

Name changed for this as don't want dh to stumble upon this.

Not sure if anyone can help here but need to clear my head...so bear with me.

We own our house in joint names. So, in normal circs, he would inherit my half. However, the house is not in the UK but in Europe where the usual law is that the spouse AND the children inherit the deceased's half of the house. (He retains his own half). The house is owned in two separate halves (according to the laws of where we live iyswim - one spouse owns one half, the other spouse owns the other half...get it?)

If I die first and the inheritance law of the country where we live (and own the house) is used, then that's ok, because he and the children will inherit my half together and in equal parts - and he can't change that. But, as I'm British I think I should make a British will directing the same thing - because I want to ensure, should British law be used for my inheritance, that he doesn't end up owning the whole thing outright.

(I don't quite trust him not to sell up and spend all or nearly all the proceeds. He doesn't need my half as his half will be worth quite a lot AND he has a flat and an office both of which are in his own name!)

Thanks for getting this far. Any suggestions welcome.

OP posts:
OldLadyKnowsNothing · 04/03/2012 23:21

Sorry, but I don't think that a British Will could supercede the local laws. Well, actually, I'm not sorry, because that gives you the result you want anyway!

Collaborate · 04/03/2012 23:25

You need advice from a lawyer in the other country. UK wills usually only deal with UK property.

RatDesPaquerettes · 04/03/2012 23:28

I am not an expert on this, so take my comments with a pinch of salt.

If you have British assets, you probably should have a British will anyway and you could discuss this issue at the time you are doing the will.

In my case, the solicitor in the UK said that my British will would only apply to my British assets and that the law of the country where my other assets are would apply by default. I am fine with that.

I would also assume that if you do not live in the UK, then the issue would be even less likely to arise.

RatDesPaquerettes · 04/03/2012 23:30

As Collaborate said, you may want to have a will in the other country anyway to facilitate the inheritance process.

savoycabbage · 04/03/2012 23:31

My uncle did this and it bollocksed up the dc lives. My aunt was forced to sell the house so she could 'give' the dc their share , which went into a trust. Then she had nowhere to live of course so she had to move into a one bedroomed place and cram two teenagers in with her.

When the boys reached 18 or 21 of whatever it was they spent all their money on wine, women and song.

fluffygal · 04/03/2012 23:31

You are best off talking to a will writer who should know the answer as this is a bit complex (well it is for me anyway!). We recently wrote our will to leave our half to our children (we both have 2 from previous and 1 together) as I would not want OH to inherit my half, meet another woman and end up leaving it all to her kids or just his kids and mine end up with nothing. I think its a sensible thing to do, OH would still get to live in the house until he died anyway.

tardisjumper · 04/03/2012 23:33

it feels wierd but in reality means that the children qill have a parent who has a massiv eupheaval following death of one of their parents. Many would expect their survivning parent to have a home!

fluffygal · 04/03/2012 23:34

Ooh lots of x posts. In my will the surviving partner has the right to live in the house until they die or can sell and buy a new one but the inheritors get their share of the new house instead, so Whoever survives can never be left homeless. I think that's pretty standard in Wills though so am a bit surprised by what happened to you aunt savoy .

fluffygal · 04/03/2012 23:37

Your aunt I mean. Also inheritors don't get a share of new house until the survivor dies. Not sure if that was clear in my post.

Original poster
abbeygal · 04/03/2012 23:42

Thanks guys. Yes, I need to talk to a lawyer.

I have some savings, not much - in the UK...that counts as assets I suppose?

So if I had a British will, directing what the other country's law stipulates anyway, then I'd have a belts and braces thing wouldn't I? I mean there's nothing to stop me having a British will and including whatever I like in it?

One of the reasons I'm worried about this is that I've heard that many European countries now allow the inheritance of a non-national to be dealt with by the law of the deceased's native country. And this would mean that he would own the property outright.

Also, because he's in the legal profession himself, he would try to use whichever law was most advantageous to him.

OP posts:
Original poster
abbeygal · 04/03/2012 23:46

yes fluffy and savoy, that's my understanding too. The surviving spouse doesn't get forced to sell the house to give the kids their share. It just means that should he sell the house, they have a guaranteed share.

OP posts:
PigletJohn · 04/03/2012 23:53

are you domiciled in the UK or somewhere else?

Original poster
abbeygal · 04/03/2012 23:58

somewhere else piglet

OP posts:
babybarrister · 05/03/2012 07:57

This reply has been deleted

Message withdrawn at poster's request.

MummyDoIt · 05/03/2012 08:02

A friend of mine did this but it was stipulated in the will that her DH had a lifelong right to continue living in the house. The DCs only get their inheritance on his death. This was UK property and a UK will, though, so not sure how it would work overseas. I'd definitely consult professionals both in the UK and in the country where you live, just to be on the safe side.

mumblechum1 · 05/03/2012 08:03

OP, you need to have two wills, which will run in parallel. Your English will can apply to all assets anywhere in the world except for bricks and mortar assets in an other country. You need a foreign will to deal with that property and it's vital that you ensure that both lawyers know there is another will, otherwise one will revoke the other. Each lawyer should keep a copy of both wills to avoid misunderstandings.

babybarrister · 05/03/2012 08:31

This reply has been deleted

Message withdrawn at poster's request.

Original poster
abbeygal · 05/03/2012 08:32

thanks everyone,

not Spain bb but I've heard the same thing happens here...and as you say it's in some cases. It's not clear.

OP posts:
tb · 05/04/2012 03:12

There is a new law from Brussels that people living with the eu can leave their assets in accordance with the laws applying to the country of their nationality if it differs from their country of residence. It all depends whether the country in which the property is situated have put this law into effect.

For example, the UK hasn't - not much point really as you can leave everything to the cats' home. France has enacted it, so that British nationals domiciled in France can leave their assets in accordance with UK law ie doesn't all have to go to the kids with the surviving spouse having usufruit or life interest. However, the will has to state that it is being made in accordance with this legislation. A local solicitor should know.

Have shown a newspaper headline to dd - she was chuffed to bits that she couldn't be disinherited as I was. She wasn't impressed.

babybarrister · 05/04/2012 19:28

This reply has been deleted

Message withdrawn at poster's request.

Kladdkaka · 05/04/2012 19:30

tb I thought that was an idea still only at the discussion stage.

IDontWantToBeFatAnymore · 05/04/2012 19:32

It sounds like you don't trust him.

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