Inheritance

[pamclary]

A married couple bought a house and had three children. The house was in both their names. In their wills it is stated that the house would be left to each other and after that, the three children. The wife died and the husband remarried. The three children are grown up with families and the husband and second wife had two children. Do the first three children have any claim on the house?

[Didwot]

If the wills of the Husband and First Wife were worded so that they created a binding obligation on one another then they are "Mutual Wills" and upon the death of the first, the survivor is bound to leave the property in accordance with their will, and not to change it. I believe that the assets become subject to a trust, and so the automatic revocation of the will by remarriage should not change the situation. BUT it is extremely unsual for Mutual Wills to be entered into, and apart from such an arrangement the survivor can do whatever they wish with their property.