Changing a joint Will

Yes - as already mentioned, it is important to be aware of the difference between being 'tenants in common' and 'joint tenants' of a property. The former works better in cases of remarriage for example when both parties would like to ensure their children from a previous marriage are ensured of a percentage of the property.

Oh my word if I was you I would be phoning a solicitor now not writing this. I have redone my will about 3 times since 1990 as my children have got older. (Married,divorced married widowed). You can leave your half to your children and have a deed of trust so you husband can remain in your home as long as he live's but your half of the home would belong to your children but they would have no claim to it until after your husband has died. So protecting the roof over your husband's head.

If you want to leave jewellery to your Children and grandchildren why not do it now. Just give them a piece each, save any problems later. I have given some of my jewellery that I no longer wear to my children. They were very pleased to have it and wear it now.

Please see a solicitor as soon as you can, don't leave it too long in case you find yourself in the situation I found myself in. My husband wanted to make changes to his will but I kept putting off making an appointment as he was suffering from an incurable disease and I suppose I was a bit superstitious. The upshot was that he made the changes shortly before he died and I am now being accused of forcing him to change his will when he was dying. Believe me, it is not a pleasant experience so I would say to anyone, do it sooner rather than later.

You absolutely need to see a solicitor, preferably with the existing will or a copy. Best of all of course would be if you and your husband talk it through, decide what you both want, and go together. But legal advice over gnet is not the way to go.

If I am reading this correctly your husband has no children and you have three. You say the will says if you go within a month of each other everything should go to your husband's close relative but what does it say if one of you survives the other by more than a month, surely the will should cover this? What if the relative predeceases you both, what does the will say about that eventuality.

Was the property your husband's before you married and was that why you agreed to everything going to his relative? I'm sorry but I would never agree to leaving everything to someone who is already comfortably off and not to my children. You say the property and other assets are in joint names which means that half is yours and the decision about what happens to your half is yours but of course I can see that you don't want to upset your husband.

Somebody more knowledgable than me can clarify this but I believe you can set up a Land Trust which can identify the parties you want to own the property when the second of you passes away. I believe that the property would go to those named automatically without having to go through probate. If your husband wants it, his close relative could be one of those named, meaning he/she would get a quarter share along with your three children.

Regarding your possessions, you can write out your wishes regarding these and this letter of wishes can be referred to in a will. Better still see that they go where you want them to now.

I agree with others that you should protect your children so you need to seek legal advice.

My wife made an appointment to change our wills and she dragged me along to see a solicitor.

After a few hours it was done and dusted to our joint agreement.

It left me wondering why I had prevaricated.

I believe you can now have a "follow the blood line will" which might be the most appropriate in your case.

Hi Cathy. I'd say first step would be to check how your home is registered. If its a joint tenancy then the property passes to the survivor but if you are registered as tenants in common then the share in your name can be bequeathed to whomever you wish.
www.which.co.uk/money/mortgages-and-property/first-time-buyers/guides/buying-a-home/tenants-in-common-vs-joint-tenancy

I would give my gifts to people now, while you can see them sefely where you want them to go and how happy the recipient is.

Get legal advice for the rest of it.

We are presently in a situation where my DH brother remarried...His wife had 2 children from her previous marriage (her husband had died)...she died 2 years ago and instead of ensuring her 2 girls were taken care of (as in putting finances into a trust) she left everything to my BIL..she trusted him to do the "right thing to her girls"...but he is refusing to give them anything. ..He is due to remarry again in July (his 3rd marriage) & wantso to "buy out" his new wife's grown up boys of their share of the house which their father put into trust before he died.
What I'm saying is go & see a solicitor and get advice. ..but please make sure your children are not left out in the cold

YES! I have done exactly that due to similar circumstances, a daughter from previous relationship. Our will says if I die, my half becomes my daughters BUT obviously do not wish to make hubby homeless, so should he re-marry, die himself, or get put into a home, she automatically can claim my half of assets. I just did not want my money (I entered the marriage with a substantial sum) going to some new woman once he died and my daughter to miss out on her inheritance that I have worked hard for her future. So YES it can be done!

PS: You really just need a good family solicitor. He/she will be used to all the questions, will have heard it all before and will be sympathetic and understanding.

Jalima1108, you say that joint tenancy is not that usual. I don't know how 'usual' it is, but there are two options and joint tenancy is one. It's the option that we chose. The first survivor inherits the title 100% - that's how we wanted it. Actually I suppose there is a third option - the old-fashioned one where the title was in the man's name only assuming him to be the 'breadwinner'.

We have 'mirror wills' but there are one or two differences. We each have a legacy to a named charity of our own choice. Mine is to a wildlife hospital, his is to the local air ambulance. We've also left clear instructions in our wills as to where we want to be buried - a 'green burial ground', its name and contact details.

The last funeral we went to, we were asked to wear pink because that had been her favourite colour. I've let everyone know that I don't care if you wear pink, blue, green or any other colour/s, but please, no black. And snowdrops to be planted on my grave.

I understood that savings in joint names go automatically to the surviving spouse.
You would have to specify a sum of money to go to your DC from these savings or specify 50% of the savings in case you decided to spend some in the meantime.

There is a difference between Mutual Wills which are also contractual and Mirror Wills where you have just agreed in a non binding way to do the same thing. You need to see a lawyer who specialises in Wills to look at this. Mutual Wills are far less common nowadays than they used to be but they can still exist.

I had not heard of a joint will, only mirror wills.
Do check carefully how you own your house, joint tenancy is not that usual.

It would be advisable to see a good solicitor as soon as possible as, if your husband is happy with how your wills are set up and you wish to change yours then he will need to make a new will too, I would have thought.
If you are close to your DC I see no reason why a friend should inherit your share instead.

You can type up a document stating what type of service etc you would like, who should have what, who to contact etc and deposit it with your will.

What is a 'joint' will please. I had always thought each will was separate. I would advise a visit to a solicitor - as others have said possibly the free first one that many offer - as quickly as possible. No one can stop you leaving your assets how you want to and you do not appear to be wanting to do anything unusual.

Please let us know how you get on.

It can be done. If the property is transferred with the land registry you and your husband could be tenants in law or something like that. Your husband has to sign the form agreeing to that happening,then he can live in the house until his demise and then your half goes to your children.
A solicitor can advise you.
You can make a new will at any time,which supersedes the old will.just make sure the children know where it is.
You can also pre pay and leave instructions for your funeral and any remains.Both my parents did this and it saved me a lot of heartache knowing it was how they wanted it.

Yes, see a solicitor. This is a bit complicated but you can revoke a joint will without the consent of the other party and make a new one. I hope it doesn't cause friction between you because he will need to know that you have done this.

At a bit of a tangent, because I can suggest no better than the advice to see a solicitor, but regarding jewellery, personal bequests to your children/grandchildren, why not choose (or let them choose) pieces to have NOW? Similarly with financial gifts? I know the 7 year rule applies regarding Inheritance Tax, but would it not give you more pleasure to give them something now rather than leaving it for after you are gone?
Regarding the will, of course your circumstances have changed since the early 90's so updating/altering your will(s) makes eminent sense. Do set things in motion somthat you have peace of mind, it is clearly troubling you

Get to a solicitor right away or if unable to get there alone, arrange to be taken out by one of your children for a few hours and go then, it is so important.

I have just made a Will with Marlow Wills. They were so knowledgeable and helpful. Everything was done over the phone and we were able to explain our requirements and receive advice before we had to pay. We only paid once we had seen the Will.

The next time dh says he "doesn't care" about what happens when he's dead, tell him you DO care about what happens when you die. If he argues that it "doesn't matter," tell him that it matters TO YOU. He needs to understand that HIS opinion ISN'T the final word on the issue. In fact, he needs to see that where YOUR remains, etc. are concerned, YOUR wishes come first.

Meanwhile, I'm deeply sorry about your respective illnesses, especially yours, for obvious reasons. (((Hugs)))

I m afraid i cant give advice regarding the legal aspects but, in relation to your wishes for what happens when you 'depart', i know that you can discuss your arrangements with the funeral director whilst you are still alive and kicking. Then you could advise your husband and children what you have done. I actually went online to look at the prices charged by our local undertaker's. Only one had them listed so I chose him and informed my dd's who i wanted to go with (contact details included - i don't want them having to Google if they are upset,) and i have listed the exact arrangements and services i would like. They know exactly where to find the instructions when the time arrives