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Can my relatives children lose their interest in the house.
One of my relatives (the mother) passed away about 3 years ago with cancer. This was known about several months before the death and half of the house was left in trust for the 2 daughters.
Their father has suddenly announced he is getting married and the future wife also has 2 children will be living in the house.
If they subsequently divorce is there any danger of his children having to give some of their share to the future wife in a divorce settlement.
Also if their father pre deceases his new wife and she then has a subsequent husband what will be the situation in recovering their share of the house.
At the time of the wedding the 2 girls will be 17 and 15.
Their father has suddenly announced he is getting married and the future wife also has 2 children will be living in the house.
If they subsequently divorce is there any danger of his children having to give some of their share to the future wife in a divorce settlement.
Also if their father pre deceases his new wife and she then has a subsequent husband what will be the situation in recovering their share of the house.
At the time of the wedding the 2 girls will be 17 and 15.
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I am assuming that it was left in trust for the girls because they were under 18. If so, that half cannot be touched as part of a divorce settlement because it was left by the deceased wife to her children. They own half of the house beneficially.
Theoretically, once the youngest is 18, they could apply to the court for an order that the property be sold. If dad predeceases the new wife, I would suggest that an order for sale be applied for at that juncture.
The only danger to their inheritance is that if dad is the trustee and he has the power under the settlement to remortgage, he could, in theory obtain a large mortgage and spend the girls' inheritance. This should not be a problem unless dad is sole trustee.
Theoretically, once the youngest is 18, they could apply to the court for an order that the property be sold. If dad predeceases the new wife, I would suggest that an order for sale be applied for at that juncture.
The only danger to their inheritance is that if dad is the trustee and he has the power under the settlement to remortgage, he could, in theory obtain a large mortgage and spend the girls' inheritance. This should not be a problem unless dad is sole trustee.
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