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Protecting DC in a will if DH remarries

20 replies

ImStillMe · 20/07/2022 16:07

If you are making a will, how do you protect your DC if your DH remarries after your death?

Should your will say leave 50% to DH and 50% to DC? Or some other percentage?

OP posts:
BlackAndPinkNose · 21/07/2022 16:27

You could give your share of a house to your children (assuming that is the main asset that you have) but give your DH a life interest in it?

endofthelinefinally · 21/07/2022 16:32

Pay for an hour with an IHT and estate planner.

IncompleteSenten · 21/07/2022 16:40

I agree with pp.
The whole of your share to your children with a lifetime interest for your husband would be how I'd do it.

Festivalpartygirl · 21/07/2022 16:44

I don’t know but I and DH will be leaving our share to our DC whoever goes first, my late DM left all hers to DF who has now passed but he remarried and my inheritance is currently locked in a trust until step mother passes then apparently each child gets a share. I guess a trust needs to be set up.

SixtyPercent · 22/07/2022 09:10

Definitely take proper legal advice. My sibling and I have been left inheriting nothing after DFs second wife managed to twist him around so that he disinherited us. FIL and his second wife had “mirror wills”. He thought that whoever died last would leave everything split equally between his two children and her three children. After he died she wrote a new will and when she goes all is split just the three ways between her children. FILs children get nothing.

Cognacsoft · 22/07/2022 09:17

SixtyPercent · 22/07/2022 09:10

Definitely take proper legal advice. My sibling and I have been left inheriting nothing after DFs second wife managed to twist him around so that he disinherited us. FIL and his second wife had “mirror wills”. He thought that whoever died last would leave everything split equally between his two children and her three children. After he died she wrote a new will and when she goes all is split just the three ways between her children. FILs children get nothing.

This happened to a friend of mine.
Also her dm had come from a wealthy family and so the sm got all of that money after their df died.
My df had a dp who never contributed a penny to the household pot, she has died now but df has her dc in his will equal to me and my siblings.
His choice but funnily enough he never asks them for help and they certainly never offer or bother to visit either.

Candleabra · 22/07/2022 09:19

Get proper legal advice. Our wills were mirror wills and we changed the ownership of the house to tenants in common. So in effect, the kids now own half the house but I have a lifetime interest.
However I could still leave everything else to someone else! (Not that I would) It’s one reason I’d never get married again.
google sideways inheritance trap.
And see a solicitor.
(Practically speaking though, you can’t really leave literally half of everything to the kids in trust if you died now now as your husband still needs access to all the family funds to bring up the kids. Depends on how rich you are though I suppose)

LesOliviers · 22/07/2022 09:26

BlackAndPinkNose · 21/07/2022 16:27

You could give your share of a house to your children (assuming that is the main asset that you have) but give your DH a life interest in it?

I'm not sure if this can be done. When my mum was diagnosed as terminally ill she got a will drawn up. She wasn't allowed to leave her half of the house to me because it's a joint marital asset and therefore it would automatically go to my father. Instead she left all cash assets to me, because my dad has investments of his own, and she wanted to ensure that if my Dad remarried then at least she knee I'd have had some kind of inheritance.

Candleabra · 22/07/2022 09:35

LesOliviers · 22/07/2022 09:26

I'm not sure if this can be done. When my mum was diagnosed as terminally ill she got a will drawn up. She wasn't allowed to leave her half of the house to me because it's a joint marital asset and therefore it would automatically go to my father. Instead she left all cash assets to me, because my dad has investments of his own, and she wanted to ensure that if my Dad remarried then at least she knee I'd have had some kind of inheritance.

You can if you change the ownership of the house from joint tenants to tenants in common

iRun2eatCake · 22/07/2022 16:40

Candleabra · 22/07/2022 09:35

You can if you change the ownership of the house from joint tenants to tenants in common

That's what my parents did when my dad was terminal.

So mum owns 50% my sibling and l 25% each

But

This caused issues when l later divorced my XH as l owned part of the house and it will affect me getting UC when I'm transitioned over. No idea what I'm going to do financially in that situation 😕

Candleabra · 22/07/2022 18:01

iRun2eatCake · 22/07/2022 16:40

That's what my parents did when my dad was terminal.

So mum owns 50% my sibling and l 25% each

But

This caused issues when l later divorced my XH as l owned part of the house and it will affect me getting UC when I'm transitioned over. No idea what I'm going to do financially in that situation 😕

How was the will written?
Do you literally own 25% of the house or does you mum have a life interest in the whole house?
My kids in theory ‘own’ half my house but the reality is that they won’t see that money until I die. I have a life interest in the house and the capital can be used to purchase another house. I can’t just sell up and spend the money on a cruise.
My kids won’t have to declare this money as their capital as it’s not theirs yet. It’s just protected from me spending it.

endofthelinefinally · 23/07/2022 12:28

SixtyPercent · 22/07/2022 09:10

Definitely take proper legal advice. My sibling and I have been left inheriting nothing after DFs second wife managed to twist him around so that he disinherited us. FIL and his second wife had “mirror wills”. He thought that whoever died last would leave everything split equally between his two children and her three children. After he died she wrote a new will and when she goes all is split just the three ways between her children. FILs children get nothing.

This happens so, so often. Yet people dont seem to know about it until it happens to them.

endofthelinefinally · 23/07/2022 12:32

A marriage automatically invalidates a previous will made by either party unless ot was specifically worded as in anticipation of marriage.

ArcticSkewer · 23/07/2022 12:35

When you get your will drawn up, the solicitor can advise on different ways to organise it.
We went for life interest in house to spouse, reverting to children on re-marriage or cohabitation over 1 year. House could be sold if another purchased, same conditions, excess cash going to children straight away if downsizing. Money into trust for kids.

Timeforabiscuit · 23/07/2022 12:45

Get advice from an experienced will writer, in the end we opted for mirror wills anyway (dh has crappy cancer prognosis), with clear advice that on death or divorce a new will should be written.

iRun2eatCake · 23/07/2022 13:57

Candleabra · 22/07/2022 18:01

How was the will written?
Do you literally own 25% of the house or does you mum have a life interest in the whole house?
My kids in theory ‘own’ half my house but the reality is that they won’t see that money until I die. I have a life interest in the house and the capital can be used to purchase another house. I can’t just sell up and spend the money on a cruise.
My kids won’t have to declare this money as their capital as it’s not theirs yet. It’s just protected from me spending it.

My sister and l are on the deeds

SpindleInTheWind · 23/07/2022 14:01

Just to be clear, OP, are you in England or another country?

gogohmm · 23/07/2022 14:10

Just be aware that part owning a house can cause issues with benefits and stamp duty. If you have significant wealth whether in property or savings/investments it is worth speaking to an estate planner who can advise the best way. This is even more important if one or more of your children have sen

RockandRollsuicide · 23/07/2022 15:09

Festival that's lucky it's in a trust protectes for you

I've heard so many times the real dad dies and leaves thing's on emotional trust only to the new wife. He dies first and then she gives everything'to her own flesh and blood.

I would spend an hour on proper legals advice to plan it.

AdoraBell · 25/07/2022 12:26

Get legal advice as suggested.

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