A will question please

[asleepinthegarden]

My husband is very likely to die intestate.

His main asset (house we live in) is in his name. I intend to pass the proceeds of this onto his children.

We jointly own a property in Europe and the local laws deem that, in the absence of a will, the property would be split between me and his children. We have made a local will so that the surviving spouse inherits the property entirely.

My question is whether this will would be affected by him dying intestate in the UK?

As I understand it, in the UK if you are married then everything will come to you on his death.

This is on gov website if you live in England
Intestacy - who inherits if someone dies without a will?
The husband, wife or civil partner keeps all the assets (including property), up to £270,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:

the husband, wife or civil partner gets an absolute interest in half of the remainder
the other half is then divided equally between the surviving children
If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their place.

Your post isn't clear. You he will die intestate but then say he has a local will? Does that will then only mention assets in the other country? Or does it refer to all assets? Wouldn't it be valid in the UK?

Thank you for your replies.

Apologies, I could have been clearer. My husband has no will in the UK.

The will we have made only covers our property abroad. I got us to make that will due to the way property is split on death regardless of the actual ownership of the property (in the U.K. the property would automatically pass to me).

As it stands, the UK estate will exceed the £270k threshold (largely thanks to living in the same house in the SE for the last 40 years). Although I do not intend to keep any of the estate, I am concerned that his children may have a claim on our holiday home.

For clarity, my husband’s first wife died, I moved into what was the family home with his two children and I do not wish to have anything to do with house if he dies before me as I regard the house as rightfully theirs.

I should probably also add that we are UK residents for tax purposes.

I should probably also add that we are UK residents for tax purposes.

Also, the holiday home was purchased after we got married with our joint income so I see it as my home.

Is there a reason why he can’t make a will now?

I have been trying to get him to do a UK will for years.

I think he can’t decide how to split stuff so that it’s ‘fair’ because, if I stick with what I’ve said I will do, I won’t have anywhere to live in the U.K. if I give the house here to his children. He can’t get his head round that and talks about giving me a life interest in the UK house which I would be horrified by - wouldn’t be able to afford to run it, it needs loads of work doing to it and I really hate the house so frankly I’d be glad to see the back of it.

So, he does what he always does when he can’t make his mind up and just ignores the issue.

No UK will doesn’t affect me really, but there is some acrimony with one of his children and I ju

Posted too soon...

I just want to make sure I inherit the holiday home, I may go and live there, at least for a while.

Is the holiday home the one you refer to in Europe? Is it in joint names now?

The house you live in now - if he dies intestate (and it may well be that the European will could be taken as indicating his wishes beyond just the European house), then £270k of his entire estate goes to you, then half the remainder. However it is possible that the house in Europe would form part of his estate, even though you own it jointly.

There is also the issue of inheritance tax which his estate will have to pay if it's over the threshold which it sounds like it might be. Are there other assets that can be sold to pay this? And where will you live - the house in Europe?

I would suggest you see a solicitor who can advice whether the existence of the European will means he won't be intestate, and if it doesn't whether the European property would form part of the estate.

He should make a will though. Whole heap of issues if he doesn't. Not really fair of him to dump his bereaved wife and children with a ton of tax and solicitors fees. And risk his entire estate.

Thank you.

From memory, the will specifically mentions the holiday home only (I can’t access what I typed as I’ve forgotten the password and the only hard copy is in that house). I believe it must as I don’t think he would have signed it if it covered his entire estate...

Assuming he still owns the U.K. house on his death, and the holiday home is excluded, there would be some IHT to pay. I think you’re right, I need to get some proper legal advice on this as if the holiday home is included in the estate it would be a disaster. I’d assumed that, as the holiday home is in joint names, it would not form part of his estate.

He has mentioned leaving everything to me with an ‘expression of wish’ letter but I have said I don’t want to be involved in that.

You need to discuss a life interest in the UK property for you so you can stay in the house as long as you want. But make sure he discusses IHT ramifications for your children. A good solicitor will advise him. Please get him to do it - it will make things so much easier for all concerned.

Thanks, I’ll have another chat with him!

Op as I understand it (and I may be wrong so happy to be corrected) if he leaves you a life interest you can renounce that after and that would permit you all to feel OK about that part of the will. I know there is a poster her on mn mumble something who often has done wills for mn people perhaps an idea?

Have sought advice on rules in the foreign country. In some, you cannot disinherit children, will to the contrary or not.

Thanks, this is going to sound childish but I just want to walk away - it’s my way of proving to his children that I am not a gold digger.

I’m definitely going to see a solicitor as I need to make sure the holiday home (where I’ll probably go and live) is protected.

The European wills have been deposited with our lawyer there. She read them over and said they were fine, as in not contrary to their law.

Pm mumblechum

@Mumblechum0 of this parish was very helpful for our slightly complicated wills.

https://www.marlowwills.co.uk

Thanks,I will look into it. Much appreciated.