My Daughter’S And Her Husband’S Will.

[Bramleyboy]

My daughter and her husband are in their mid thirties with two daughters - 3 and 1 years. They bought their house jointly and my daughter paid more than 50% into the building. They are having a will prepared and the person setting up the will says that in the event of joint deaths, all their goods chattels and property will go to her husband’s family. My daughter is not happy with this but is it true? Bramley.

[Barmaid]

I think rather than comment as to whether it is true because I can think of a few ways that things get misunderstood, I think that what she needs to do is explain to the Willmaker what SHE wants to happen to her goods in the event of their joint deaths.

[barry1010]

Surely they are each having their own Will drawn up?

[woofgang]

Its my understanding that an actual joint death can't exist in law in this situation BM? I thought that if a couple died together eg in a plane crash and there was no evidence of who died first then the older of the two is deemed to have died first?

[Bramleyboy]

WG, if "there was no evidence of who died first then the older of the two is deemed to have died first?" how would that impinge on the decision as to whom should inherit? Bramley.

[Cloverjo]

They can specify in their wills what they want to happen to their money etc should they die together.

[cashier]

Can't they stipulate having the money put in trust for their children

[Apc2604]

I don't understand this. The person setting up the will has no say on the contents of the will, except to take instructions, advise wording etc. so that the will/wills are clear and worded appropriately.

[jno]

what APC says ... you can leave your property to whoever you want. If she doesn't think this is fair, change it.

Whose will is this?

[Tilly2]

Is the person setting up the Will, a solicitor?

[Peter Pedant]

I would do as BM suggests as she does a lot of this in her day job

Joint deaths are pretty rare you know - actually it is better to think of the order of deaths which is NOT joint and what you want to happen in each case

//WG, if "there was no evidence of who died first then the older of the two is deemed to have died first?"//

has been the subject of litigation recently - as in biblical age the older is presumed to die first and the disinherited ones argued that on account of the central heating being on
A first - As moolah goes according to As will which may NOT be to B and then B dies and HER moolah goes according to her will ( which may have been to A which now fails)
B first - goes according to her will which involves A - A now has a larger pot of moolah than in the other case ....

well you did ask

I would follow BMs advice - you tell the will writer where youwant your money to go

[Peter Pedant]

damn central heating being on the younger one died first
so that the youngers will should interpreted first and the parent didnt get anything who was going to leave it to the second wife children ....

held: cant remember - forensic evidence cdnt decide who died first so the presumption was not upset I think

[Peter Pedant]

I think the will maker has explained that if the house is joint
then it is not affected by a will
(solution: convert joint to common holding then it can be)

[Cloverjo]

There’s a difference between being ‘joint tenants’ and ‘tenants in common’. In one the whole house goes to the surviving partner; in the other, the dying spouse’s half goes to whoever he or she stipulates in the will. Can’t remember which way round they are.

[FoxLee2]

Even without a will, wouldn't everything pass automatically to their children being the closest relatives?

[Barmaid]

Woofgang - yes you are referring to comorientes. (People who die in circs that it's not possible to determine the order or death) and this is the case PP is referring to which was heard last year.

But rather than speculate my feeling is that the daughter should make clear what her wishes are and ensure they are carried out. And if not seek alternative help.

[Barmaid]

I suspect the nub of this is in PPs post of 1940.

[woofgang]

My comment was because the OP talked about joint deaths.

[Barmaid]

Yes I know, Woof. I think you correctly identified one of the potential issues.

It's obvious to me that something here is wrong or lost in translation. My advice stands.

[Jackdaw33]

I don't see the problem. Each parent leaves his/her estate to the children.

[Bramleyboy]

Thank you all. I cannot nominate one best answer as all have contributed wonderfully. Bramley.