Wills/Inheritance - Mother In Law

[rsbmw]

Just interested in some viewpoints on this scenario.

My wife's mother and her (now) husband have been together for maybe 16 years, they moved in together I think 14 years ago, to a house that I fully expect he purchased and is in his name. They got married a couple of years after that. Both are now about 60.

We've just been informed that the husband's will has been changed to leave 50% of the house to his son, and the remaining 50% split between his son's two children, and our child. Wife and I are actually very appreciative, didn't expect him to do this and regardless we're not the type to start quibbling over someone's money once they pass on.

Did get me thinking though, what rights does my MIL have in this situation? She may well be perfectly happy with this split anyway, but it seems to me he regards the house as his rather than theirs, even though she has contributed to the upkeep of it for the past 14 years. Is it in fact his to do what he wants with, or does she have some claim to it and the decisions around wills etc? Expect it would default to her if he were to pass, or would she be SOL if the son wanted the house once his father passes?

The way I figure it, they're married, the house was bought as a home for them both (rather than he's owned it forever and she just moved in at some point), they've both been working / paying for upkeep, so she should have equal say in what happens to it after their demise.

Thoughts?

[elanfan]

Has Mil raised the subject at all? I suspect she'd be entitled to half of it. However in trying to pass his assets on as he sees fit he's failed to provide for her. She could out live him by 20 years so what is she supposed to do after he snuffs it? This needs talking about. The minimum she needs I'd say is a life interest in the property so the will shoul be changed to reflect that.

[TooMany2cvs]

rsbmw said:

Did get me thinking though, what rights does my MIL have in this situation?

She has the right to have the executors follow her dead husband's will.

rsbmw said:

but it seems to me he regards the house as his rather than theirs, even though she has contributed to the upkeep of it for the past 14 years. Is it in fact his to do what he wants with...

You can see who owns it by looking at the Land Registry entry. If it's both of them, as joint tenants, then the whole house is hers as soon as he breathes his last anyway, because his share of the ownership simply ceases to exist. If it's both of them, as tenants-in-common, then there'll be a %age ownership which is his to pass on to whoever as he wishes - and a %age which is hers and hers alone. If it's just his, then it's just his.

I think you're getting confused with divorces.

[GT03ROB]

Unless you've actually seen the will you may be jumping to conclusions.

As an example my will is clear. Our house will be left 75% to my son & 25% split between her children. My wife receives no equity from our our property Fair or unfair??

[ClaphamGT3]

Might he have left her a life interest in the house?

I know that this is what my MiL has done with my step FiL; he gets the dubious pleasure of remaining in the delightful hacienda-style bungalow in South Lincolnshire, threading his way around all the Hyacynth Bouquet tat until he buys the farm, then it passes to Mrs C and her sister

[elanfan]

GT03ROB said:

Unless you've actually seen the will you may be jumping to conclusions.

As an example my will is clear. Our house will be left 75% to my son & 25% split between her children. My wife receives no equity from our our property Fair or unfair??

Unfair, what if you pre decease your wife what is she going to do if your son wants her out? As I said before a life interest in the property is the way to go I'd suggest.

[GT03ROB]

ClaphamGT3 said:

Might he have left her a life interest in the house?

Exactly & very common where there are children from a 1st marriage. To not do so is to invite even more issues!

[rsbmw]

Thanks

I don't know any other detail about the will than the piece I mentioned. Sounds like she doesn't really have any claim to the house, but should be protecting herself by making sure he's put a life interest for her in the will.

Seems strange to me to have a marriage, yet not trust the other person enough to get them on the deeds etc and have a joint will that you have both worked out and agreed on. Common perhaps, but still strange.

[singlecoil]

rsbmw said:

Seems strange to me to have a marriage, yet not trust the other person enough to get them on the deeds etc and have a joint will that you have both worked out and agreed on. Common perhaps, but still strange.

That will be because, no matter how much he cares for her, he cares for his children more. Mother Nature at her best.

[GT03ROB]

rsbmw said:

Thanks

I don't know any other detail about the will than the piece I mentioned. Sounds like she doesn't really have any claim to the house, but should be protecting herself by making sure he's put a life interest for her in the will.

Seems strange to me to have a marriage, yet not trust the other person enough to get them on the deeds etc and have a joint will that you have both worked out and agreed on. Common perhaps, but still strange.

.......but as you say you don't have the details. Unless you are concerned that your MIL is being controlled in some way which would be a bigger concern, you don;t now that this hasn't been done. They may well have jointly visited a solicitor & drafted up their wills to reflect what they want. You don;t really have a joint will, but separate wills that are prepared at the same time to complement each other and maximise estate planning.

I don't see the issue with deeds. The argument about trust cuts both ways.

[rsbmw]

I'm not sure what you're reading into my posts, but it isn't there.

MIL has never owned a property, and wont be well informed with wills etc. I simply want to make sure she knows her rights and is suitably protected. It was her who informed us that he had changed his will and the details thereof, she wasn't present and didn't seem to know much more about it. He may well have put a life interest in, but it's something I will recommend she asks him.

Or I'll just tell her to make sure she divorces him as soon as he takes ill, that way she can have half.

[rsbmw]

singlecoil said:

That will be because, no matter how much he cares for her, he cares for his children more. Mother Nature at her best.

So much so that he's already cut one of them out of his will completely because he wasn't invited to their wedding

[GT03ROB]

rsbmw said:

I'm not sure what you're reading into my posts, but it isn't there.

MIL has never owned a property, and wont be well informed with wills etc. I simply want to make sure she knows her rights and is suitably protected. It was her who informed us that he had changed his will and the details thereof, she wasn't present and didn't seem to know much more about it. He may well have put a life interest in, but it's something I will recommend she asks him.

Or I'll just tell her to make sure she divorces him as soon as he takes ill, that way she can have half.

If he's changed something & not involved her then yes it's worth asking about!

[singlecoil]

rsbmw said:

singlecoil said:

That will be because, no matter how much he cares for her, he cares for his children more. Mother Nature at her best.

So much so that he's already cut one of them out of his will completely because he wasn't invited to their wedding

Good to see that Mother Nature can be overruled sometimes.

[Red Devil]

TooMany2cvs said:

rsbmw said:

Did get me thinking though, what rights does my MIL have in this situation?

She has the right to have the executors follow her dead husband's will.

It's not quite that simple. It very much depends on whether the husband has made adequate provision for her in the will. If the husband has failed to do so the MIL can apply to the court under Section 2 of the Inheritance (Provision for Family and Dependants) Act 1975. It will then be for a judge to decide not the beneficiaries. As most people's major asset is the house they own, those to whom it has been left could be in for a surprise. Cutting your wife out of your will altogether or even to a substantial degree could turn out to be a very expensive mistake.

It doesn't mean the surviving spouse will actually get the property or a share of it. She could be awarded a life interest so that she can stay in residence with it reverting to those named in the will after her death. Alternatively she could be awarded a monetary sum such that the house would have to be mortgaged or sold to fund whatever settlement the court sees fit to award.

GT03ROB said:

Unless you've actually seen the will you may be jumping to conclusions.

Agreed. The only way to determine what the score is to look at the will. All of it, not just one part.

GT03ROB said:

As an example my will is clear. Our house will be left 75% to my son & 25% split between her children. My wife receives no equity from our our property Fair or unfair??

See above.

[slow_poke]

Red Devil said:

TooMany2cvs said:

rsbmw said:

Did get me thinking though, what rights does my MIL have in this situation?

She has the right to have the executors follow her dead husband's will.

It's not quite that simple. It very much depends on whether the husband has made adequate provision for her in the will. If the husband has failed to do so the MIL can apply to the court under Section 2 of the Inheritance (Provision for Family and Dependants) Act 1975. It will then be for a judge to decide not the beneficiaries. As most people's major asset is the house they own, those to whom it has been left could be in for a surprise. Cutting your wife out of your will altogether or even to a substantial degree could turn out to be a very expensive mistake.

It doesn't mean the surviving spouse will actually get the property or a share of it. She could be awarded a life interest so that she can stay in residence with it reverting to those named in the will after her death. Alternatively she could be awarded a monetary sum such that the house would have to be mortgaged or sold to fund whatever settlement the court sees fit to award.

GT03ROB said:

Unless you've actually seen the will you may be jumping to conclusions.

Agreed. The only way to determine what the score is to look at the will. All of it, not just one part.

GT03ROB said:

As an example my will is clear. Our house will be left 75% to my son & 25% split between her children. My wife receives no equity from our our property Fair or unfair??

See above.

Which kinda begs the question - what, if any, legal advice from a suitably qualified professional did GT03ROB get, that said suitably qualified professional thought was ok for GT03ROB to not include his wifey in the divvy of the house equity - if what I understand from these posts is correct?

appreciate GT03ROB's wife may be ms moneybags who wouldn't miss him financially after he's popped off.

[GT03ROB]

slow_poke said:

Red Devil said:

[quote=TooMany2cvs

GT03ROB said:

Unless you've actually seen the will you may be jumping to conclusions.

Agreed. The only way to determine what the score is to look at the will. All of it, not just one part.

GT03ROB said:

As an example my will is clear. Our house will be left 75% to my son & 25% split between her children. My wife receives no equity from our our property Fair or unfair??

See above.

Which kinda begs the question - what, if any, legal advice from a suitably qualified professional did GT03ROB get, that said suitably qualified professional thought was ok for GT03ROB to not include his wifey in the divvy of the house equity - if what I understand from these posts is correct?

appreciate GT03ROB's wife may be ms moneybags who wouldn't miss him financially after he's popped off.

It was a professional, but kind of proves the point I was making about seeing one headline from a document & making assumptions. I selectively quoted one part of the will on purpose. Our wills were drafted together, with both of us going through everything with the solicitor identifying where we were financially & where we would want the other to be in the event of our demises.

The wills represent a snapshot in time & I would expect that we would need to revisit them in due course.

She has no need for equity from the house as my will has been drafted to provide a life interest for her on my death. There is sufficient other provision via pensions, life insurance, etc. that ensures she won't be destitute, though she may have to reign in the shoe/clothes/hair budget!!