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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:

BlouseAndSkirt · 14/12/2019 17:55

“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?”

Two of my friends have seen their step parent inherit everything and then not received a bean from the step parent.

OP: your Mum could downsize. If she moved into a place half the value and took the other half in cash , but left the house to her step son.

Ihavethefinalsleigh · 15/12/2019 08:10

Two of my friends have seen their step parent inherit everything and then not received a bean from the step parent

That’s the crux of it really. Once money had been left, the recipient can do whatever they want to do with it. You can’t write a will that tells someone what to do after the event.

Wrybread · 15/12/2019 08:17

I'm not sure that's legal if they're joint tenants. Because the point of joint tenants is that both own 100% of the house between them, and that is one dies, the whole of the property is owned by the other joint tenant.

So if they're joint tenants, he can say what he likes in his will, but it would still be her house.

ClaudiaWinklepants · 15/12/2019 08:57

Joint ownership = the husband and wife jointly own 100% of the property.

Tenants in common = the husband and wife each own 50%

Sounds like they are tenants in common and he has left son his 50% but has put a life interest clause in his will (the adequate provision) for your mother to stay in the property for her lifetime. (double check for termination clauses of this life interest, could be cohabits, remarries or death.

She will be able to move property if she wishes and the life interest will continue for her regardless of the property.

Please make an appointment to get legal advice for her though. This sounds scary but actually it's a good way of ensuring the right people get the right share.

FredaFrogspawn · 15/12/2019 09:02

Claudia’s advice is your answer. I think your stepdad did the fair thing.

Murraygoldberg · 15/12/2019 09:07

That's what my mother did, my step father is still living in the home decades after her death, my brother and I will get the house when he dies. This is also what I have done for my house and son. Pretty standard with 2nd marriages

ShippingNews · 15/12/2019 09:12

DH and I have made similar wills - we're in our 60's and each have adult children from previous marriages. Your mother's husband hasn't left her "nothing" since she gets the house until she dies. Then the estate is divided between all the adult children. Perfectly fair.

katewhinesalot · 15/12/2019 09:48

We've done this too.

It sounds like this was possible advised to avoid care home fees in the first place, or indeed to make it fair for the children. You can't have it all ways. She wouldn't have felt it fair if she went first and you ended up with nothing.

Your mum agreed to the tenants in common rather than joint tenants at the time. She should have looked into it then.

Booboosweet · 15/12/2019 09:52

Seems fair. So often the parents don't think and the step parent ends up cutting out the step child completely and leaving it to their own children. This stops that.

user1497207191 · 15/12/2019 13:01

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.

The surviving spouse could change their own will so that the deceased's family got nothing. The only way to ensure it happens is a will trust giving the surviving spouse the assets until they die - that's exactly what has happened here - the marital home is under a life interest trust - exactly what you're suggesting.

Original poster

Huey10 · 15/12/2019 13:46

I didn’t say that if you read my post accurately. I said I understand why her husband would want to leave his son something. My only concern is that this doesn’t leave my mum unable to lead her life the way she wants to. She looked after her husband and maintained their home with no input from the son who has only raised his head now. As I said, it’s complicated as life can be. I’m not interested in anything being left to me.

OP posts:

user1497207191 · 15/12/2019 16:14

My only concern is that this doesn’t leave my mum unable to lead her life the way she wants to.

She needs to speak to her solicitor about what she can/can't do with her share of the home. It may be that she can sell it and downsize as long as the surplus equity is ring-fenced for all the children/step children. So, say if she sells for £200k and only needs £150k for the downsized house, the difference needs to be held on trust rather than spent. It doesn't mean she is trapped in the marital home for ever.

charm8ed · 15/12/2019 18:10

I’m sounds fair to me.

misspiggy19 · 15/12/2019 18:18

**Sounds like they are tenants in common and he has left son his 50% but has put a life interest clause in his will (the adequate provision) for your mother to stay in the property for her lifetime. (double check for termination clauses of this life interest, could be cohabits, remarries or death.

She will be able to move property if she wishes and the life interest will continue for her regardless of the property.**

^This. Regardless of your feelings on the son, your mums husband wanted to leave the son his half.

Election2019 · 15/12/2019 18:26

I think your mum’s husband should have told her what his plans were but I completely agree with him leaving everything to his child and think that’s very normal in subsequent relationships.

Does your mum have a good relationship with her stepson? If so I see no reason why he wouldn’t agree to her selling and using the money to downsize as long as it goes to him in the future. If they don’t have a good relationship, then I can understand all the more why her husband did this.

MsTSwift · 15/12/2019 18:29

It’s fair and pretty standard for blended families and those wanting to ensure the whole estate not used for the survivors care.

Brakebackcyclebot · 15/12/2019 18:32

You have described exactly what DH and I have done in our wills. We leave each other nothing at all and his estate goes to his children. Mine goes to mine. The difference is we agreed this and we have signed a separate document that sayd we have done this deliberately.

user1497207191 · 15/12/2019 20:21

Any half competent solicitor would change the property ownership into tenants in common as part of the will drafting process.

user1497207191 · 15/12/2019 20:22

I think your mum’s husband should have told her what his plans were

Probably did if they did the usual procedure of having "mirror" wills. If so, her husband would be in exactly the same position if the OP's mum had died first.

Darbs76 · 15/12/2019 22:22

I think this is fair. It doesn’t really matter what the son has done or not done, or who paid a greater amount in their younger years. If your mother felt she should have had more than her 50% share this should have been sorted when he was alive. Many parents who don’t have joint children do this, otherwise you and your brother would inherit everything and his son nothing. Which is what you were hoping for it seems. He was entitled to leave his share to his own flesh and blood. Agree on legal advice if she wishes to move

myusernamewastakenbyme · 16/12/2019 22:06

Seems perfectly fair to me...why cant people just respect the deceased wishes...your mum still has a property to live in.

Notreallyhappy · 17/12/2019 08:10

www.thisismoney.co.uk/money/news/article-1594984/Tenants-common.html

From our legal.advice you can't do it that way..he would have to leave half of it to his son in this will as when a will is finalized & you've had a reading after death it's finished.
Your mum would then write her own.

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