If I die before my husband...

[JackieBritneyWeaver]

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?

I’m a Will writer and confirm that this situation is easily covered by making mirror wills incorporating Life Interest Trusts.

They’re portable so the survivor can move if they wish. Any surplus cash freed up is shared between the survivor and the late spouse’s beneficiaries.

The property must be held as tenants in common in order that the trust can take effect.

I write hundreds of these wills, often for step families or elderly client who are concerned about care fees, but also for couples who are concerned about the risk of their widow/er remarrying and forgetting to make a new will.

Mumblechum wrote our wills for us a good few years ago, and she/we used the system she has outlined above. Great service, and such peace of mind.

As said numerous times you can leave your half to be shared between nieces and nephews giving DH a life time interest including downsizing or even up sizing you can even stipulate that in the event of a second marriage your share should pass immediately to your nieces and nephews

It is easy to sort out but it needs to be done properly and in a timely fashion.

You need to be tenants in common and can make mirror wills so you leave each other the others half in trust for their lifetime. You can each will your share to relatives. I think there is a time limit set but not sure about this.

@Gasp0deTheW0nderD0g

Yes a lot of bull over value of estate - undervalued substantially. Nobody cared. The undervalued figure was over £900k

Still ended up with £10k (x 3) under the seemingly clear as day intestacy laws. They are anything but and as many people find when trying to do the right thing by British Law - a complete joke waste of space. Our courts are ruled by barristers and lawyers on the make. They make up the rules and systems and rack up the hill.

England.

*bill !

Oh and when they are too pussy to actually try to implement the LAW they suggest you'd be better off to settle.

Thank you all. Looks like tenants in common is the way to go. Will speak to solicitor about it. Don’t get me wrong, I love my BILs and my niece/nephew on that side of the family and would never want to pass them over, but I’d hate to think of a scenario where - as others have said - my husband remarries and his new wife gets everything i slogged my guts out for years to buy. Might never happen but I’m glad there’s a way to protect it in that scenario.

@Mumblechum0 sorry to derail but my FIL died in 2019 and in his will he left his half of the house to my DH and my BIL. MIL can continue to live there as long as she likes, it also has provision for her to sell and move on - I think it’s pretty standard stuff really.
It does say that there needs to be a property trust but my MIL (who is also the executor of the will) if so far refusing to set one up. I think she has a bit of a mental block over it, I don’t think it’s malicious at all - just something she can’t face doing.
I just wondered where this leaves my DH and his DB if she passes before this is sorted out? Or if she needed care, would their portion be protected without this trust?