Leaving property to daughter when married

[philv]

Hi,

I’m not married, but am contemplating it.

After a previous bad relationship experience i am very wary of committing financially.

One big concern is that i would like to leave property to my daughter when i pop my clogs.

I want to make sure my partner will be financially fine, but in tne event of my death, i am concerned that everything will go to my partner, and then to her child.
And therefore nothing going to my daughter.

Any suggestions or info?

There would be 3 prepoerties.
2 rentals and a main residence to share out.

Thanks

[p1stonhead]

Surely just do a will stating what goes to whom?

[philv]

p1stonhead said:

Surely just do a will stating what goes to whom?

So as long as tne properties in question are in my name only, i can will as i wish?

I want to make sure i am not missing something.

[paul.deitch]

Why would you ask the internet on such an important matter? Get a lawyer.

[2 sMoKiN bArReLs]

I think you'll need to make the will after you are married too. (I reckon marriage cancels previous wills..but I'm not a legal type so could be talking boollicks).

[anonymous-user]

It's all possible but if you want to be certain you need to transfer ownership prior to marriage.

Not necessarily to your daughter.

Whichever way, you need proper advice and it won't be cheap.

[2 sMoKiN bArReLs]

My uncle loved his wife, but not so much her children. He left his half of their joint house to my family following his wife's death.

[Squiddly Diddly]

philv said:

So as long as tne properties in question are in my name only, i can will as i wish?

I want to make sure i am not missing something.

You can bequeath what you own to anyone you like via a Will.

However a Will can always be challenged by some who has received nothing and feels they should, or has received something and feels they should receive more.

Providing your spouse is financially secure, then you should be okay with leaving your property to your daughter. If you spouse is living in it you may need to grant her the right to continue to do so until death.

[Squiddly Diddly]

2 sMoKiN bArReLs said:

I think you'll need to make the will after you are married too. (I reckon marriage cancels previous wills..but I'm not a legal type so could be talking boollicks).

Your bks are correct, it does.

[anonymous-user]

Squiddly Diddly said:

You can bequeath what you own to anyone you like via a Will.

However a Will can always be challenged by some who has received nothing and feels they should, or has received something and feels they should receive more.

Providing your spouse is financially secure, then you should be okay with leaving your property to your daughter. If you spouse is living in it you may need to grant her the right to continue to do so until death.

They could also get divorced before the OP dies.

[2 sMoKiN bArReLs]

Squiddly Diddly said:

2 sMoKiN bArReLs said:

I think you'll need to make the will after you are married too. (I reckon marriage cancels previous wills..but I'm not a legal type so could be talking boollicks).

Your bks are correct, it does.

First time for everything!

[philv]

To add another layer of comp,exity.
The marital home would likely be in france.
We could well be resident in france,

The rental properties to go to my daughter are in the uk.

Would a uk will cover this?

[2 sMoKiN bArReLs]

I should stay single mate

[Squiddly Diddly]

philv said:

To add another layer of comp,exity.
The marital home would likely be in france.
We could well be resident in france,

The rental properties to go to my daughter are in the uk.

Would a uk will cover this?

I think French law dictates who must inherit property.

You will need to look into that.

[philv]

It seems french law is
1/4 goes to wife
1/4 goes to single child
1/2 is how i decide

So ideal

Obviously i will take proper legal advice if/when married and settled in france or uk for tne longterm

Thanks all

[condor]

My father has recently died after being remarried. His will has the main beneficiaries as his children. However, the executor says that his surviving spouse could challenge the will as there has been no provision for her, excepting surviving spouse pensions which are generous. Even though the 2nd marriage was when they were in their 80s and all her assets are willed to her children.

[TwigtheWonderkid]

Squiddly Diddly said:

philv said:

So as long as tne properties in question are in my name only, i can will as i wish?

I want to make sure i am not missing something.

You can bequeath what you own to anyone you like via a Will.

However a Will can always be challenged by some who has received nothing and feels they should, or has received something and feels they should receive more.

They can, but if they've received something, but less than they think they should have, it makes it more difficult for them. Because it makes the argument "he loved me and obviously wasn't thinking straight / was manipulated and hence forgot me" redundant.

I was always told that if you want to cut someone out of your will who you think might have grounds to challenge, leave them something insignificant, don't ignore them completely. Might be rubbish though!

[Sir Bagalot]

I would also add a bit that if you leave a martial home to your daughter that your Wife can live in it rent free for a period of time.

[chip*]

Sir Bagalot said:

I would also add a bit that if you leave a martial home to your daughter that your Wife can live in it rent free for a period of time.

Finalised my Will earlier this year with this included (Life Interest Trust). If I pass away, my wife (Life Tenant) can live in the house during her lifetime, but on her death, the house is passed to my 2 daughters when they reach 25 years old.

[paul.deitch]

Squiddly Diddly said:

philv said:

To add another layer of comp,exity.
The marital home would likely be in france.
We could well be resident in france,

The rental properties to go to my daughter are in the uk.

Would a uk will cover this?

I think French law dictates who must inherit property.

You will need to look into that.

Only if you are resident there as I recall. This may change again after Brexit.