Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

1 2 3

Original poster

If I die before my husband...

59 replies

JackieBritneyWeaver · 22/03/2021 15:41

Getting our wills drawn up. It’s just me and husband, no children. I am 13 years older than him and not in the greatest health.

Obviously if I die before him, he will have sole ownership of our house. We are close to my sister and nieces, and while we do have a niece and nephew on his side we rarely see his side of the family due to distance - they’re perfectly lovely people.

Is there any way I can ensure that, if I die first, when my husband dies - if he still owns the house and it’s not needed to pay care fees - at least something will pass to my nieces? Or is that entirely his decision at this point?

OP posts:

PleaseReferToMeAsBritneySpears · 22/03/2021 15:42

I'm sorry I have nothing worthy to say - I just wanted to unite our user names

OakleyStreetisnotinChelsea · 22/03/2021 15:43

Your solicitor can advise you but rather than him inheriting your share of the house I think you can leave it to your nieces and give him a life interest in it. This means he can stay in the house and when he dies it goes to them.

TalbotAMan · 22/03/2021 16:08

It can be done. If DH agrees with you, then you can both write wills now that would have that effect. Assuming that you do die before him, you would have to trust him not to make a new will after you have gone. For example, what would you and he want the position to be if he remarried?

It works both ways. You may be 13 years older and in worse health, but for all you know today he could go under a bus tomorrow. [Sorry if that sounds a bit brutal but when doing wills all these things need to be thought about.]

If you want to put something in place that can't be broken after your death, that is more difficult.

You really need to talk this through with your solicitor, preferably before anything gets written (as you'll likely still be charged for wasted work).

Frankley · 22/03/2021 16:15

We did this. Both left half of our house to our child. Will needs to say that survivor can live in it and some more that solicitor will tell you. BUT to do this you need to own the house as Tenants in Common and not Joint Tenants, this can easily be done by solicitor

Frankley · 22/03/2021 16:20

That half of house would belong to your child on your death, so he could not leave it to someone else in another will. We found it quite straightforward when we made our wills, the solicitor was used to doing wills this way. (Can't be taken for care fees either, I suspect that is why it is often done)

Frankley · 22/03/2021 16:23

Sorry, nieces, not child,

Badger2021 · 22/03/2021 16:34

What if he doesn't want to stay in the house after your death? What if he wants to sell up and sail round the world from the proceeds? Why should he give half of his lifelong wealth to somebody else? I'd be furious.

Frankley · 22/03/2021 16:55

Of course he can move house. Just ask a solicitor how it is done.

RichardMarxisinnocent · 22/03/2021 16:58

Do you have any assets other than the house? Could you leave an amount of cash (or all your cash) or some other valuables to your nieces in your will?

BernadetteRostankowskiWolowitz · 22/03/2021 16:59

@OakleyStreetisnotinChelsea

Why would she (or he) do this? Half the house is his. Why would he agree to it being gifted entirely to her nieces? He may want to do something with his half?

RichardMarxisinnocent · 22/03/2021 17:00

Or maybe not a specific amount, perhaps a percentage of your cash, to allow for you having a different amount at death than you do now.

Lurkingforawhile · 22/03/2021 17:03

Really this is something you need to ask a solicitor about. Good estate planning doesn't have to be really expensive but this is a classic situation where you need proper advice on all the implications including tax.

titchy · 22/03/2021 17:06

He won't automatically own the whole lot - it depends on how you own the house. If as joint tenants then yes it'll pass straight to him without forming part of your estate (so no inheritance tax issues).

However you could sever the tenancy and own as tenants in common, say 50% each, then you can state that your half goes to your niece (you can/should also stipulate whether your dh gets a life interest, or what circumstances the house has to be sold - Eg if he remarries). Doing it that way also means your half can't be touched to pay for care costs. Does mean there might be inheritance tax to pay though depending on the value of your half of the house and other assets of yours.

titchy · 22/03/2021 17:07

@Badger2021

HIS lifelong wealth

Half his, half OP's.

Badger2021 · 22/03/2021 17:08

Why would he want to do that??

prh47bridge · 22/03/2021 17:09

@Badger2021

It is the OP's lifelong wealth too.

If she severs any joint tenancy and leaves him a life interest in her half of the house, he can still sell it and sail around the world using his half of the house and any interest earned on her side of the house. Of course, if she wants to only leave a relatively small amount to her nieces, the OP could leave most of her half of the house to him with only a small proportion going into trust.

Many people do this as a way of making sure their children inherit if their spouse remarries.

Badger2021 · 22/03/2021 17:09

HIS lifelong wealth hmm Half his, half OP's

I completely disagree. It is THEIRS. They have built it jointly.

minniemoocher · 22/03/2021 17:10

It's possible to draw up mirror wills stating what you both want

Badger2021 · 22/03/2021 17:11

Why would he want to sever a joint tenancy?

GreyhoundG1rl · 22/03/2021 17:13

It'd be perfectly simple to do this legally, but I would imagine only with his agreement (if you own it jointly).

prh47bridge · 22/03/2021 17:17

@Badger2021

Why would he want to sever a joint tenancy?

The OP would want to do so in order that she can control what happens to her half of the house when she dies. If she doesn't sever it, the house will automatically pass to her husband and will not form part of her estate.

She does not need his consent to sever the joint tenancy. However, it also allows him to control the ultimate destination of his half of the house if he dies before the OP.

LimaFoxtrotCharlie · 22/03/2021 17:17

We’ve severed our joint tenancy and done mirror wills. Whoever dies first leaves their half of the house to our children in trust with the survivor having the right to live in it until they die. There is provision for the survivor selling the house and buying another property to live in, either downsizing or moving area.
It ensures that if I die first, I know my children will inherit and my share of our estate cannot pass to somebody else if eg DH remarries

titchy · 22/03/2021 17:20

It only takes one person to sever a joint tenancy. It can be very sensible - for example if one person ends up spending 20 years in a care home before they die. The fees could easily cost an entire house, meaning the other person cannot leave anything to family when they die cos the local authority will take the lot. Severing the tenancy mean the local authority can only take the half belonging to the person in care.

Badger2021 · 22/03/2021 17:21

I never understand these threads. Dh and I have slogged our whole lives for our houses, we've made joint decisions on careers and children. Our homes are ours, the two of us. It's what we created together. There's no half each. I can't imagine him dying and my assets suddenly halving. Crazy.

Badger2021 · 22/03/2021 17:23

I'm not talking about changing it due to illness and care homes, but to leave it to a neice.

Flip

1 2 3