Legally Married with 2 children

[toyota1155]

Husband & wife legally married and still together 10 years with 2 sons. Copy husband's will discovered and he is for leaving all his possessions to his brother who is disabled!! Has anyone any comments - where does wife & 2 sons come in???? Should the need arise could this be contested by his 2 sons - and what do you think the outcome would be? Would 2 sons not be more entitled than a disabled brother?? Any comments appreciated!

[Annna]

Talk to him, bring it out in the open. Did he do this before you were married and had kids? If so he may have changed his mind but not the will yet. Do you have a joint will? If this is deliberate seek legal advice, go to CAB in the first instance and see where you stand. I am sure he cannot leave your half to his brother. Whatever the outcome you need to ensure you have a will drawn up which leaves your money to your children.
Very strange that he leaves all to his brother and disregards his children. Hope you work it out.

[Ethel]

What do you mean by possessions? He can leave his personal belongings to whoever he likes.

Or does that include the family home and all money as well?

[dot.hawkes]

What is the date the will was drawn up? It can't be one done by a solicitor as no solicitor would make a will knowing their was a wife and children. Do you have a joint mortgage and are you both named in the title to your house? If so he can 't will the house to anyone. I would check the will again, is it one he has bought in a self-help pack before you were married or had the children?

[dot.hawkes]

I suggest that you introduce the subject of you making a joint will and see if he remembers he has done one already

[Annna]

PS. The fact that his brother is disabled is neither here nor there.

[dot.hawkes]

true Anna, is his brother married?

[Yvaines09]

My ex husband excluded his son from his will for a variety of reasons but our solicitor said that, when it came down to it, anyone who was financially dependent could contest a will. I am assuming that means children underage or maybe maintenance for ex spouses, etc.

I think you need to sort it out before it comes to that point ie by talking to him now. Sorry not much help but I believe it will be easier to sort out whilst he is alive than, heaven forbid, if he died.

[bednobs]

no body has a "right" to someone elses personal possessions, that is the whole point of a will, to specify who you want to leave such things to - if not, what would be the point of anyone ever making a will? If, as you seem to think somebody has an entitlement to possessions in some sort of hierarchy, why bother making one at all? you may just as well save some mney and die intestate, where there IS a strict hiearchy of who inherits.

Was the will made before the marriage? if so, it is automatically revoked on marriage anyway. Is there a house to consider? if so, how is it owned?

[terambulan]

Dependants are entitled to claim on 1975 Act within 6months of OH Will going to probate. If you're destitute use legal aid. You will be entitled to 50% of OH assets; as per a divorce settlement.

http://www.manches.com/practices/family/articl e.php?id=124

Hope you can see this as I can't 'cause AB put me in the dungeon again....Yes I CAN communicate!