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My mum's 2nd husband has died, but he never updated will

85 replies

SweetFemaleAttitude · 18/10/2023 21:12

My mum is 76 and met her husband when she was 62. They were married for 9 years.

They had an amazing life in their older years and made each other very happy.

He had cancer on and off for a while, but his death was sudden and not expected.

He had applied for documentation to do a new will, but got took into hospital with sepsis and sadly died after a short time, without changing his will.

His wishes though were that his home, which my mum moved in to, went to his only child, on the proviso my mum could stay there as long as she wanted, whilst my mum had any other money in his bank account. They did have a joint account, but he also had his own account.

His child is the executor of his will that he made after his first wife died and sadly never got round to updating.

His daughter has already started talking about how she wants to redecorate the house (even though she resides in another country in Europe), will be travelling over to engage a solicitor and basically intimated my mum will be getting nothing.

I don't think my mum would contest the will or anything like that, as she just wants a peaceful life and has already started making arrangements to move closer to her children, but I feel like her poor husband would be turning in his grave seeing how she is being treated and that his wishes are not being followed. She cannot afford to buy and will need to rent somewhere now for the rest of her years.

Would it be worth us encouraging her to get a solicitor or with the daughter named as sole beneficiary and no updated will, would it be a waste of time?

Sorry that was long and thank you in advance to anyone who responds.

OP posts:
Lizzieregina · 24/10/2023 04:40

I was wondering what happened with this situation!

I’m glad that your mum is getting legal advice as I would disagree with the daughter trying to put her out, but I hope she respects her DH’s wishes by leaving the house to his daughter.

The law where I live is different, but just to be on the safe side, we’ve put our assets in a trust that will go to our children in the event one of us dies and the other remarries.

Tontostitis · 24/10/2023 05:56

*Lizzieregina I hope you've made adequate provision for long-term care as I have friends who can't access funds for their elderly mother as its all in a trust 'to keep it safe'. My friend will have to let her mother go to a very basic care home or sell her own home to fund better care as she can't touch the family home and her mother can no longer cope.

YireosDodeAver · 24/10/2023 09:04

When she executes the will she will need to apply for probate.

Your easiest action is to register a formal objection to probate being granted on the grounds that the old Will was invalidated by marriage so he dies Intestate.

There are strict intestacy rules. There is a specific maximum amount reserved for the bereaved spouse and the remainder is divided between his offspring and other relatives.

Farahilda · 24/10/2023 09:40

endofthelinefinally · 24/10/2023 04:36

A marriage invalidates a previous will. If he is legally married his wife inherits his estate apart from anything already put in trust for his children.
She needs to see a solicitor who will advice how best to sort it all out. She will need to find all the financial and property paperwork.

Depending on jurisdiction.

OP has said UK but not which home nation. It is different in Scotland.

Lizzieregina · 24/10/2023 13:36

@Tontostitis yes we have full access to the trust. It’s for our lifetime and care. If there’s anything left, it’s for our kids.

GreenVelvetCushions · 24/10/2023 14:52

THisbackwithavengeance · 19/10/2023 14:04

If the boot were on the other foot and the DD complained that the family home owned by her DD had been left entirely to his new wife, the answers would be different.

So basically your mum inherits everything and then you inherit from her and this man's DD gets nothing from her dad's estate.

So unfair.

His daughter wasn't looking after him in his old age was she?

GreenVelvetCushions · 24/10/2023 14:53

Xis · 24/10/2023 04:28

THisbackwithavengeance· 19/10/2023 14:04

If the boot were on the other foot and the DD complained that the family home owned by her DD had been left entirely to his new wife, the answers would be different.

So basically your mum inherits everything and then you inherit from her and this man's DD gets nothing from her dad's estate.

So unfair.

OP’s mother gave her husband love, support, care and companionship for 14 years. Why should she be left with nothing? Have you considered that the step-daughter was free to get on with her own life abroad without having to consider or worry about her father, because of the presence of OP’s mother?Life could have become very stressful for her if she didn’t have a stepmother dealing with things in the U.K.

They were together for five years before getting married. They could have continued in the unmarried state but for whatever reason decided to get married. Every adult knows, or should know, that marriage comes with rights and responsibilities. So we have to assume that the husband was a mentally-competent man who wanted to confer rights on his wife, not just lump her with responsibilities.

💯

FSTraining · 24/10/2023 20:06

People seem to be misunderstanding how intestacy works. In the even of intestacy, the wife does not inherit everything. She inherits the contents of the house, £322k and half the remaining estate. Anything after that is divided between the children.

Perhaps people think this is unfair. Well, if it is, then the husband had 14 years to write a will, didn't he? And evidently he chose not to.

TUCKINGFYP0 · 24/10/2023 21:27

FSTraining · 24/10/2023 20:06

People seem to be misunderstanding how intestacy works. In the even of intestacy, the wife does not inherit everything. She inherits the contents of the house, £322k and half the remaining estate. Anything after that is divided between the children.

Perhaps people think this is unfair. Well, if it is, then the husband had 14 years to write a will, didn't he? And evidently he chose not to.

Given that you don’t know the relevant jurisdiction, it’s always best to avoid stating things you don’t know to be correct. I’m surprised you’ve not learned this during your training.

TumblingTower · 25/10/2023 17:19

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