On The Back Of The Previous Dil Question

[ferlew]

I am prompted at ask...would my DIL be entitled to any of my estate?
The situation is that youngest son married 12 years ago. His wife toddled off with another woman. Neither have made an attempt to get a divorce. Son because of financial reasons, and DIL because of not wanting to remarry.
Bit of an odd situation.

[ferlew]

"to ask"

[TheWinner]

did they have any children together?

[bednobs]

if you leave it to him it becomes a bit murky if they do decide to divorce

[ferlew]

No, no children.
It has left him very scarred mentally, which is why I think he has never instigated proceedings.

[Buenchico]

If you leave a will, you're estate will go to whomever you wish to receive it. It doesn't have to be anybody in your family; you can leave it all to Battersea Dogs' Home if you so wish.

If you die intestate, then (assuming you haven't got a spouse or civil partner at the time of your death), your estate will be shared between your children. Your DIL won't be entitled to anything.

However your DIL could still indirectly benefit from your estate. If, after you've died, your son then passes away too (without leaving a will), your DIL will be entitled to receive all of his estate which will, of course, have been partly-funded from your own estate.

[elliemay1]

Have you made a will? Wouldn't that say who you want to get your estate

[ferlew]

Well explained Buenchico, thank you so much.
Youngest son has expressed a wish that eldest lad should get his share, I may well try and get him to make a brief will to that end.

[Canary42]

I'm confused - how can youngest son make a will giving (a share of) your estate to the eldest.

Surely it's your will which needs attention. (Incidentally, based on my experience, a good solicitor might recommend a signed/witnessed letter to go with the Will explaining nothing for the youngest, in case he challenges the Will after having second thoughts).

[jno]

he can just make a will saying that everything he owns at his death goes to his eldest. He can always redo it if circumstances change.

[Peter Pedant]

Chris being a will writer - almost llike Capt Nemo in Bleak house - yeah he is that old - has given good advice

and you know what? no one has followed it ( as far as we can tell)

write a will - it solves all. - you can even do - a I leave to little Johnnie but no one else OR
little johnnie and if he is dead then his heirs

The thing that is exercising everyone is the rules operate differently depending on er who's alive

dad dies, johnnie alive - gets bequest - wifie alive when Johnnie dies intestate - wifie gets it

dad dies - johnnie dead intestate but in will, - wifie doesnt inherit but children might

Tell you what - neighbour: mother just died intestate - fathers company in mothers name (!) - father STILL hasnt made a will and neither has neighbour (the son), who is estranged from HIS wife ( who will inherit) and has girl friend ( whom wife will chuck onto street if she gets the chance)

all solved by making wills ( they havent)

[Peter Pedant]

you need advice
you have said youngest son has no children
and then that youngest son has preferred eldest lad gets his share

this is solved by a will - ( and the letter of explanation - but that has its own case law) - and leave it directly to the eldest lad

and yes (will)- if there is a girl involved you will get the argument "oh well I think youngest sons share goes back into the pot and WE all get a share"

you have been warned

[ferlew]

I didn't make my youngest son's wishes clear enough.
When I die, and he gets half my estate (as per MY will) if he then dies he wants his share to go to his elder brother.
I must get him to make a will to that effect.
Thanks all.