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Original poster

My mum’s husband’s will.

47 replies

Huey10 · 14/12/2019 13:33

My poor 82 yr old mum has just discovered her husband of 40 yrs hasn’t left her anything in his will (which she hasn’t seen yet. I’ve ordered a copy). She can stay in the house (it’s half hers anyway) until she dies then it can be sold off and her half goes to me and my brother and her husband’s half to his son. It feels like a) her husband hasn’t actually left her anything b) she’s trapped in that house because if she sold it to, for example, downsize, she would have to give half to her husband’s son leaving her with a much reduced amount of money to spend and unlikely to afford anywhere (she’s in the South East). I’ve told her to make an appointment to see her own solicitor to get advice. In the meantime I wondered if anyone has had this experience. She was so angry and upset this morning. Essentially, morally, it should be her house as she put the most into it and, in all honestly, her husband wouldn’t have had anything if it wasn’t for her. He was a miner who went on strike the first year they bought it so wasn’t even contributing financially. I understand him feeling he wanted to leave something to his son. She worked as a nurse until she was 72 to then look after her mum. He retired at 58 and she looked after him for the last couple of years as he was in extremely poor health. It doesn’t seem fair somehow. I don’t want her to feel financially insecure a this age when she has worked so hard. Thank you.

OP posts:
Drum2018 · 14/12/2019 13:42

If he had left it all to your mum then his son wouldn't have had an inheritance from him at all so it seems fair enough that she gets to stay in the house for her lifetime and then it's left to you all. As a married couple surely the house would have been half each. There are many couples where one would have been a sahp and I'm sure it's fair to say that in those situations the sahp should be entitled to half. The fact your mum and her Dh agreed for him to retire at 58 shouldn't mean that her Dh was entitled to less of a share of their house. While it seems unfair that your mothers share of the house will be split in 2 it's not your step brothers fault he was an only child of his dad's. I'm sure her husband got advice as to how to write his will ensuring that his son would get his rightful inheritance. If he had left his share of the house to your mother, she in turn could have left the full house to you and your brother, leaving your step brother with nothing.

Flamingolegs · 14/12/2019 13:45

See what the Will says, if she was left a life interest of his half she will be able to downsize, his son would just get half of whatever property she downsized to.
But yes, she should obtain her own legal advice.

LizB62A · 14/12/2019 13:49

Did he have anything to leave apart fro his half of the house?

If she objected to him having half the house, it's far too late to do anything about it as presumably the house ownership was tenants in common rather than joint ownership.

Actually it's worth checking the house deeds - if they did what lots of people seemed to do in the past, the deeds might say joint tenants, in which case it doesn't matter what the will says
(or at least this is what we were told when our mum's will left everything to her children and nothing to her husband - the house deeds still specified joint tenants so he got the house)

Original poster
Huey10 · 14/12/2019 14:22

@Drum2018 it’s complicated .. as life is. Her husband retired on ill health rather than ‘agreed’. Also he was a man who wouldn’t have had anything if it hadn’t been for my mum. I don’t care if I get anything so its not about that. I’d rather she spent everything she worked for being happy. Her husband and son weren’t close. It doesn’t seem right that he hasn’t left her anything!! Or potentially trapped if she sells and gives him half now. It’s not about me or my brother at all but about her.

@LizB62A unfortunately, as it sounds like, it was a ‘tenants in common’ as I know they were advised to do that as her husband was in bad health. But it sounds like it may be worth checking the deeds then despite that?

OP posts:
Original poster
Huey10 · 14/12/2019 14:23

@Flamingolegs Thank you .. that would be a better outcome for her. 🤞

OP posts:
Ihavethefinalsleigh · 14/12/2019 14:24

It seems fair to me. The children from both sides get their inheritance.

Panicovereveryone · 14/12/2019 14:26

Does her will leave everything to him? Or would have done if he were alive?

catanddogmake6 · 14/12/2019 14:27

You can check the property very quickly. You just need to go onto the land registry and pay for a copy of the title register. It’s not very much - just make you sure you get the government website as their are dodgy websites selling the same information for much more.

Ohjustboreoff · 14/12/2019 15:06

This is happening a lot with second marriages. My DM has me and my sister and my DSD has a son. They have written their wills that the other can live in the house or use their half of the equity for life but then it goes to their offspring. Why should either child go without? Marriage is a partnership not a percentage.
I'm happy to get a quarter of the estate although I have told my DM to enjoy and not to worry about any inheritance.

Frenchw1fe · 14/12/2019 15:14

@Ohjustboreoff but surely the partner left should have access to all equity in the house and then after death what's left is divided fairly.
In this case if the dm goes into a care home the dh's child is given half of house when it's sold whilst the other dc see the other half go completely in care home fees.

ivykaty44 · 14/12/2019 15:53

I would check with a solicitor to see whether your mum can move & your stepbrother has a life interest in the property - meaning your mothers next house would be split 50/50 and not this home.

fedup21 · 14/12/2019 15:57

How do you think the will should be split?

Surely his son should get his inheritance?

Are you saying that he didn’t pay anything towards the mortgage and only your mum did?

WorldsOnFire · 14/12/2019 16:05

There is an obligation for spouses to ‘make adequate provision’ in their wills - if your DM contests it she WILL win (40 years of marriage this is pretty much guaranteed).

My DH’s evil stepmother (only married 3 years) did the same thing and took tens of thousands off my DH and his sibling (who were struggling teens).

Ash39 · 14/12/2019 16:12

Sounds fair enough.

ChristmasSpiritsOnThRocksPleas · 14/12/2019 16:15

I would double check the deeds. But otherwise I doubt there’s much you could do.

Dollymixture22 · 14/12/2019 16:21

This is why people should discuss their wills. It seems odd hey didn’t draw up their will together.

What would have happened if your mum had gone first? If she left everything to him, would it all have gone to his son?

What about bank accounts, cars etc? Did they have separate finances?

CatalogueUniverse · 14/12/2019 16:24

Scotland - regardless of will surviving spouse entitled to 1/3 movable estate. House is outside this.

England - adequate provision.

She should seek advice. Presuming she did not agree or sign her spousal rights away.

Ihavethefinalsleigh · 14/12/2019 16:33

@Frenchw1fe

but surely the partner left should have access to all equity in the house and then after death what's left is divided fairly

There's no way of ensuring that will happen. The person left can leave the money to whoever they choose. Imagine a scenario where the surviving partner remarries, what happens then?

No the only fair way is for each partner to leave their children an inheritance.

TheReef · 14/12/2019 16:41

She can contest a will, as you've said, speak to a solicitor, or several before you find one you like and take it from there

PaperbackBlighter · 14/12/2019 16:44

If your mum had passed away first, would you have been happy to see everything going to her husband, and then ultimately to his son?

Ihavethefinalsleigh · 14/12/2019 17:00

@TheReef

She won't get anywhere, there's nothing to contest.

TheSilveryPussycat · 14/12/2019 17:05

Is varying the will a possibility?

Sotiredofthislife · 14/12/2019 17:08

Why do you feel his son shouldn’t benefit at all?

It sounds like a sensible arrangement and means children of both sides benefit. If she had wanted her greater contribution to be taken into account, it would have been detailed in the will. Lots of marriages are unequal in terms of financial input but I can’t recall anyone ever saying it is wrong for a non-working wife to inherit when her husband passes away. I can’t imagine your mum would have a legal case unless we’re talking millions and she can demonstrate she signed the will under duress.

christmasathome · 14/12/2019 17:22

This is completely the right and sensible thing. If your mum felt she made a greater financial contribution to the household and wanted that reflected in the split of the house then that should have been sorted years ago.

As others have asked, if you feel the entire property should have been left to the spouse 'In case they need to downsize) then how would you feel if your DM went first and your DSF left everything to his DS? I am guessing pissed off. Your DSF didn't want this happening to his DS so protected his interests.

GymSloth · 14/12/2019 17:29

I know families where everything is left to the spouse, and only on his/her death is it all divided between the children/step children. This would have been much fairer in the op's mum's case. The stepson wouldn't have been left out and op's mum would have enough to live on.

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