Land division question!

[Wehavetestedandtastedtoomuch]

Dp and I are in the process of buying a small very rural plot of land and are trying to come to an agreement around it within our wills. We will each pay 50% of the cost of the plot and will really just plant trees on it and camp on it as it is not suitable for building anything on. Dp doesn't have children and I have two. Dp is suggesting that on the event of his death the whole plot becomes mine and on the event of my death the whole plot becomes his. I intuitively felt that on the occasion of my death anything I owned would pass to my children. Any thoughts would be appreciated as I don't want to be the cause of any upset here but also struggle to comprehend not passing my part to my children in the future. I suppose a third option is that my share of the land could go to dp and the kids in my will?

I believe you should feel free to direct anything you own, including your share of things you jointly own with others, in anyway you wish. In fact, unless there is any separate and specific agreements in place, whatever you put in today's will is only valid until you decide to change it anyway.
As it is a piece of land - not an antique brooch! - best explore options with a legal person (LP), but always remember it will be your decision, not the LP or you DP.

Thanks for your reply. I have no clue around wills or any legalities. If we marry in the future as is planned I assume then it does work out as dp prefers.

Yes leave everything you have direct to your children - else he can take the lot whatever he says.

Are you buying the land as joint tenants or tenants in common. Joint tenants it automatically goes to the other person on death, tenants in common it goes to the person specified in your will.

You should choose who you want it to go to, so it's whoever you feel most comfortable, your gut should tell you what feels right

So if you marry, your will gets revoked. Unless you put a clause in your will saying for it not to be revoked on marriage.

I've just been through all this with solicitors, so do be aware that if you marry you'll either need to write a new will or already have that clause, for it to still go to the people you want it to go to

Ok, good to know. Thanks

We would not be tenants but own the land outright

Sorry, it's classed as 'tenants' even when you own the land out right. That's the term that's lodged with the land transfer documents, and those two terms can make a big difference to how your property is dealt with on death.

Something to think about/query with your conveyancing solicitor before you purchase the property

I don't know if land works the same as houses, but what I would do would be to leave it to DC in trust, so that he has a lifetime interest, can still use it etc. but ultimately it will go to them.

Also, you might want to have this as a broader conversation BEFORE you go any further down the marriage route because you obviously think differently (understandable when you have DC and he doesn't) but financial discussion can be hellishly divisive.

Is he happy that his share will eventually pass to your DC once you die if he dies first? What is he decides he has other relations he wants to leave his share of things directly to?

Oh thanks, great to know!

Yes, I think this idea sounds good. That way he has the security of using the land while he is alive, and my kids can have the land (along with his relatives) once he passes away. Thank you.

Would you be happy sharing the land with his relatives if he passed first? Or would this force a sale? Could you split the plot?

I would be happy to, yes