Husbands Will

[pinkjudy45]

My husband has made a Will in which he leaves everything we own (3 properties) jointly, in a trust that his eldest son is the trustee he will also be a beneficiary once I die, my husband has 3 children and 8 grandchildren and has left his ISA and pension to said grandchildren, I have one son (he also has a daughter) that gets my old marital home (my first husband as died), I feel I’m being done down with this Will, but not sure of a way around it, without upsetting the rest of the family, could I ask if anybody has any thoughts on this problem please. X

[jno]

if he dies before you, I would have thought joint property would automatically go to you.

[bednobs]

your husband CANT make a will leaving your property to anyone!

[ubasses]

How do you own the property, are you joint tenants or tenants in common?

[New Judge]

//if he dies before you, I would have thought joint property would automatically go to you.//

Only if the property is owned as "joint tenants". In that case neither partner owns a discreet half of the property - it is entirely owned by the partnership. If one of the partners dies the survivor assumes full ownership of the partnership's assets.

If the property is owned as "tenants-in-common" each partner owns a discreet half. In the event that one dies that half may be left by means of a will to whoever the deceased partner chooses or, in the event of that partner dying intestate, becomes part of the estate that will be distributed according to the rules of intestacy.

[pinkjudy45]

Hi unbasses, I not very sure but I think the properties are in joint names

[jno]

it says owned jointly, not in common.

[ubasses]

The property would still be in joint names whichever way it is owned. New Judge has explained the difference. The Deeds, will tell you.

[New Judge]

//I not very sure but I think the properties are in joint names//

You need to find out whether they are owned as joint tenants or as tenants-in-common. As you can see, it makes a considerable difference. Your husband cannot leave "his half" of properties you own as joint tenants to anybody as he does not own a half. You both own the whole.

[bednobs]

can't it be slipt in percentages other than 50% though NJ?

[ubasses]

It can be split in any percentage agreed between the parties, usually done if one party has put more money into the purchase than the other.

[woofgang]

technical advice is one thing and very important. However, how you deal with it though is to sit down and calmly explain your feelings to your husband and ask him to explain the basis for his decisions. Point out the "joint or in common" issue and make sure that he understands it.

[pinkjudy45]

Wolfgang I’ve tried talking to my husband, but he his adamant that he is not changing his Will, I may add that most of what we own came from my family, when we got together he had nothing because he gave it to his ex wife

[Chinajan]

Was the will drawn up by a solicitor?

[eve1974]

Hmm I wonder if it’s similar to my / my husb will.

We had our will drawn up by a legal bod.

Whoever dies it automatically goes into a trust. The surviving party is The main trustee but there are also 2 different people who we believe have good judgement on the trust panel.


If (for eg) husb passes first then I get to Stay in house forever but then when I eventually pop my clogs my “percentage ” of the value of the trust goes to my niece and my husbands “percentage” goes to his son.

Ps our percentages were 75% for his son and 25% for my niece and we were both satisfied with that.

[woofgang]

ok...just my opinions
1. get the facts on what you husband actually can give away...whose name is the houses in and so on.
2 Get a PROPER legal opinion on what you can do including challenging the will after your husband dies.
3 Decide if its worth trashing your marriage over.
4 If you decide its not then let it go. If you decide it is then sit down with your husband with the facts and lay it out for him.....what he actually has the right to leave as he chooses, what you think he should do to be fair, what action you will be prepared to take now and after he dies. Stay calm.

[Peter Pedant]

Hmm - I think the best thing is to get a copy of his will tell him you are going out for a loaf of bread and then take legal advice

did he write his own will? if he DIDNT then some of your script has been misunderstood

you cant have joint property and leave it in trust which is what you said he has done

You need advice along with the will
not us

also some law lord said - "a wills trust as a method of avoiding IHT has had its day"

[Peter Pedant]

if it joint ( which I dont think it can be) then you can sever the jointure with any document EXCEPT a will. Like a letter to him.

that is why you need advice
and a copy of his will

it is far more likely that it is tenants in common and he cant alienate your portion. You need advice

oh and it doesnt sound as tho he understands what his will does either

[Peter Pedant]

Did you see laurence llewellyn bowen n who do you think you are

Aunt Kitties fortune was all about this
I looked it up. (*)- 2 goes with the Lord Chancellor in 1850. Aunt Kitties hubby tried to sell on her jointure in 1850. The Lord chancellor said he couldnt. twice

(*) LLB said on camera whilst waving his scented and manicured hands that he couldnt be bovvered

[New Judge]

For once I agree completely with Peter (NJ goes for a lie down!) :-)

Proper detailed advice is necessary and this is not the place to get it.

[Peter Pedant]

woofie
you havent added (5) shoot the old boy and say it is one of the pretty boy supporters of President Trump

am I allowed to say that ?