Mirror wills

[bellsandwhistles333]

My father passed away in late 21 after a few months of illness. Before it got very bad we spoke wills and he said he had a mirror will with his wife and the condition was that there home when sold or she passed whatever happened would go 3 ways between myself and her 2 children.

I never questioned and have never really gave it much thought until now, she mentioned that she might sell her home to one of her children and Build a granny annex for herself on the land and then enjoy the rest of the money, her child said well that's fine for me and you but what about the shares for the other two ( myself and her other child) and she says oh tough they will have to just have whatever is left of my money when I'm gone.

Now I am slightly concerned this can be done? My dad didn't seem the type to not secure his finances and he paid a a lot of money into that mortgage. But I am right that now he has passed she can update her will at any time and their previous agreement doesn't have to be honoured?

Oddly o asked about his will and if I could see it because I just wanted to I guess and she said she never got it it was all just transferred to her etc his monthly pension etc

If anyone is still with me thank you! I do know what solicitor has will is held with but I doubt I will be told anything as clearly I'm not a executor or they would have contacted me?

Ok not Money grabbing honestly I am just confused as it what could happen and I think he would of done more to ring fence something aside?

@bellsandwhistles333 Im sorry to say, unless your Dad’s will gave his wife a lifetime interest in the property, she inherited everything and can leave her money to who ever she chooses.

Mirror wills just means that at the time they are created the husband and wife have similar wills.
Once the first has died, the second can rewrite their will any way they like.
So if Spouse 1 leaves to Spouse 2 then Spouse 2 can give it all to a cats home.

She can change her will unless they were mutual wills - most mirror wills are not mutual.

Her comment that your father's estate was just transferred to her, with the suggestion that no-one looked at the will, raises questions. If the house was owned as joint tenants and all money was in joint bank accounts, it would all have become hers automatically. However, if the house was owned as tenants in common or your father had other assets that weren't in joint names, his will should have come into play.

Your father's comment about what happened when the home was sold suggests that the house may have been owned as tenants in common and his will gave his wife a life interest in his half. If that is the case and the will specified that the money must be split three ways when the home was sold, that is what must happen even if one of her children buys it.

Mirror will just means that at the time of writing they both looked the same. E.g. mine and DH's said everything to each other on first death and then to DC after that.

There's nothing at all to oblige the surving partner to keep those arrangements afterwards. I could leave it all to the milkman if i wanted to. Whatever went to his wife on his death is now hers to do with as she sees fit.

Most of a couple's joint assets often do sit outside the will. E.g. when DH died his main assets were our jointly owned house, some joint savings accounts and his pensions. Those did pass directly to me outside of his estate

Ok thank you all... I am wondering if there is another will somewhere as and please stay with me this is a little cloak and daggers......

A couple of months before he pass he was in a bad way with pain and he was going to hospital around 1am but he stopped at my house and Posted an envelope through my door and £680 in cash... I found it in the morning and checked my ring cameras back. The envelope had his lasting power of attorney paperwork and a solicitors letter confirming they he his original will in their safe. On the flip side of this letter he wrote a 6 digits number, a username name and password all very much words he would of used and related to places etc and saying he though my he wasn't going to be coming out of hospital and to keep these details safe.

I went round to see him the next day he had had a blood transfusion and a drip and was feeling much better i plonked the money and envelope on the table and was angry that that's how he did it.he looked very uncomfortable and quickly took the money off me but told me to keep the envelope and put it in my bag. I though my he was feeling guilty for acting rashly so didn't bring it up again and honestly it's only now it's all came back round and I'm looking through it again.

Can people have two Wills for separate money? I know he owned no other assets like property but not sure of anything else. I know it sounds like a odd tv drama but I'm going to contact the solicitor in the morning to see if there's anything there?

I hope I don't sound insane here guys

You should definitely contact the solicitor to find out if they have/had a will but no, he can't have two. He could have an old one and a newer one that would supercede it though.