Wills

[Arrods]

Our wills state that, when we have both died, our estate is divided between our two sons. If either son predeceases us, their share goes to any children that attain the age of 25. (I forget the significance of the figure of 25.)

They are both happily married, but we know that things can change. Am I right in thinking that, when we both die, their wives will receive the benefit, jointly if you like with our sons, of our estate? And will their wives have rights to our estate should they divorce before we died? Many thanks.

[barry1010]

Are you in England, Scotland, Wales or Northern Ireland?

[Arrods]

England barry.

[barry1010]

What do you intend to happen if the grandchildren are under 25 and your son(s) have predeceased you?

[bednobs]

it is not accurate to say "Our wills state that, when we have both died, our estate is divided between our two sons." the survivor is perfectly at liberty to change their will

[barry1010]

Arrods, sadly there is no straightforward 'yes or no' answer to the question about wives' entitlement to their husbands' inheritance on divorce, it is very complicated and the courts have taken different views (no surprise there!). This blog goes into some detail to explain the complexities of inheritance and divorce
https://www.blbsolicitors.co.uk/blog/inheritance-and-divorce/

It also addresses the matter of inheritance after divorce.

[Arrods]

Thanks barry - and for the link. In a way, it is good to know that it's not straightforward.

I'm assuming (but will check) that the estate will be held in trust for the grandchildren until they reached 25.

[Peter Pedant]

Barmaid is the one to answer
my go is
Married: the land etc will be in the son's name but the wife will have a 50% entitlement (Equity) - and then if he dies she will inherit according to his will or intestacy rules. But she has statutory entitlement ( he cant disinherit her). If they divorce after he inherits then "the starting point is 50% division " (some judge or other)
Divorced - will be on division of assets - not on prospects, certainly not a will as you can change it - so if you are still alive, then nil

Roman Catholic so I am not good at division of assets on divorce (last divorce in my family 1905. ) she liked it so much she did it three times (one child) - zsa zsa Gabor - dollink I am an 'ouse-keeper - when I divorce I keep zee 'ouse