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Legal, pensions and money

making a will - OH not aware of content

(107 Posts)
seacliff Sun 25-Feb-18 14:30:58

We have never got round to making a will, but now I am doing this for me without OH knowing. Our marriage has been rocky for years, he is not a great Dad and I don't trust him to help the children out if I go first. He is likely to blow the lot. I am a few years older so quite likely to go first.

I have seen a solicitor, and said I want to leave a lump sum to each child, so they at least have a bit towards a deposit. They have had no help from us, and deserve some. We both having savings in our own names so this works ok, most of mine is inherited from my parents who I know would want to help the G/C.

The solicitor understood our situation and strongly suggested that as well as the lump sum, I should leave them my share of the house, with proviso that OH lives in it as long as he wants, or a new marriage. Apparently this also means that if OH were needing to go into a home ever, half the house could not be counted when assessing his possessions, as it belongs to the children.

I will leave a letter to OH explaining my reasons why. Has anyone else ever done this type of thing? I feel bad about it, but also relief as I want my children to have some help.

OH will have some of his own money, but has no pension and has chosen not to work for past several years. When I mentioned this to solicitor, he said a clause can be added, saying if he downsizes, my half of the balance can be invested to give him an income for life, but the capital would still go to my children. I feel rather scared and upset at what I've done, but think I've been reasonably fair in the circumstances, although I think OH won't agree.

Also I don't want to make trouble between him and them, but he isn't best at staying in touch anyway. I would explain in letter to him that they have no inkling of all this, which is true.

I have discussed this with a family member who agrees with my actions and will be executor. I suppose I am just looking for reassurance that I'm not being too horrible.

radicalnan Mon 26-Feb-18 14:05:01

You can always leave a letter for him, to be kept with your will explaining why you made your decisions and how much thought you put into it all.

Jalima1108 Mon 26-Feb-18 12:42:14

That was to Lyndie btw

Jalima1108 Mon 26-Feb-18 12:41:45

She couldn't alter the terms of your father's will unless he left it to her and trusted her to then carry out his wishes.
Do you know who his solicitor was?

sarahellenwhitney Mon 26-Feb-18 12:40:56

nanny123. Have you made a will ? Do you and DH own the property you live in and if so are you joint tenants or tennants in common.? See a solicitor taking documents ie Land Registry, relating to the property, invoices from improvements that have been made and funded by your childrens inheritance Be advised by the solicitor. You are clearly concerned and I would question your husbands reluctance to make a will. Many don't appreciate its importance and the problems it can cause.

Lyndie Mon 26-Feb-18 12:37:13

My father wrote in his will that my sister and I would get the proceeds of the house once my step mother no longer needed it. Once my father died which was 4 years ago. She has totally cut us off, so we don’t know whether she has sold the house or died. So make sure the Will is watertight. She obviously doesn’t want us to get anything. We have done nothing to upset her.

Legs55 Mon 26-Feb-18 12:27:24

Definitely write a letter & place a copy with your will, it is usual for Solicitor to keep one copy of the Will & you have a copy. Copy of letter with each copy of the Will. Write your letter now & don't forget to date it. Could your copy of the Will be lodged with the Bank/Building Society where you hold your own individual Account(s)?

You are being very sensible, oh & don't forget to date the letter (if you haven't already written it do it now, it's important). Your H will not be able to contest the Will if your Solicitor has done his job.

DH had to place a letter with his Will as everything came to me/my DD leaving nothing to his DD & S as their DM is in a better position to support them financially

Oopsadaisy12 Mon 26-Feb-18 12:24:59

Don’t forget that you can also leave your estate to Bloodline Relatives only, just in case there are remarriages with children from previous relationships.

littleflo Mon 26-Feb-18 12:22:39

I have done the same thing. I am also planning to move my savings Into three joint accounts with each of my children. I am putting a small amount to begin with, but as each of my bonds mature, I am going to split that between them. I Trust my children completely.

My mum was widowed very young and married a man who had never owned a house. If my mum had not made a Will in the way she did, his relatives would have inherited the house on his death.

quizqueen Mon 26-Feb-18 12:08:19

If you are that unhappy, why not split now and then your half is truly that to give with no strings attached or thoughts for his future and you can make a new life for yourself.

Sheilasue Mon 26-Feb-18 11:36:17

You have done the right thing.. let your conscience be clear.

Nonnie Mon 26-Feb-18 11:32:51

Nanny123 why don't you make your own will, that should stop you worrying?

starbird Mon 26-Feb-18 11:28:05

I totally agree with what you’ve done and since the solicitor sees no problem, you should not have to worry.
Assumimg you live in the UK your husband should get some sort of basic pension/benfit when he get to whatever the age is (70?).

sarahellenwhitney Mon 26-Feb-18 11:27:32

seacliff
Are you and H joint tenants? or tenants in common of your property.? Joint is as one ,common as if the house was split in two.Solicitors can deal with this and makes life far easier especially in your case.

Nanny123 Mon 26-Feb-18 11:20:34

I totally agree with you. My husband is dragging his heals about making a will and the problem is its a 2nd marriage for both of us and we both have children, I have 2 and he has one. I have put money left by my parents into the house and am worried that if I go first and then he goes that his daughter will get the lot and my 2 will get nothing, and yet its mostly their grandparents that have paid for this house.

ReadyMeals Mon 26-Feb-18 11:17:37

Yes Jalimal108, I just wanted the OP to make sure this has actually been done before assuming her will can be executed as she wishes.

Rosina Mon 26-Feb-18 11:05:17

This is not a happy situation for you, clearly, but what real choice do you have if you fear your OH will blow the money? It sounds as if you have come up with the perfect solution with what you are having to deal with, and this is what I would do in your shoes. I do agree that it would be wise to tell the solicitor that your children know nothing of what you have decided upon, and write a letter for them explaining why you have done what you have to be given to them after you have gone. If you choose to write a letter to your OH to soften the perceived blow you could also leave that with the solicitor. Tell the children where your will is and then enjoy the rest of your life - you have done the very best that you can.

Happilyretired123 Mon 26-Feb-18 11:03:48

You have done the right thing for your children. Being clear in your will saves problems further down the line.

grandtanteJE65 Mon 26-Feb-18 11:02:07

I think you are doing exactly the right thing.

About downsizing: ask the solicitor if your half of the balance can be paid to your children if your husband sells after the death, and if he must let your children have it, if he remarries. To me if he just wants a smaller house that would be best. Perhaps different if he has to go into care.

Misha14 Mon 26-Feb-18 11:00:40

I think you have been very brave and done exactly what is right for your children.

Jalima1108 Mon 26-Feb-18 10:54:18

That's right ReadyMeals

However, anyone can own their home with a spouse as tenants in common if they wish and both agree
www.gov.uk/joint-property-ownership

Nanabilly Mon 26-Feb-18 10:51:30

I think what you have done is excellent now just make sure you tell your family where your will is and then forget about it.

ReadyMeals Mon 26-Feb-18 10:41:04

Hang on... most couples who share a house don't have the type of houseshare where you can leave half to someone else. It's usually a "joint tenancy" (the word tenancy here does not mean renting btw it's just a legal term). In this type, if one of you dies the remaining owner is automatically the owner of the whole lot. It's only after converting to "tenancy in common" which usually only happens AFTER a divorce, and even then only if you have made it happen via a conveyancing solicitor, that you own half each and have half to dispose of as you wish. So I hope your solicitor has gone over this with you to establish which type of ownership you have.

Minerva Mon 26-Feb-18 10:35:42

Seacliff and all responders, thank you so much for this post. I know what I need to do now. My OH will not be much shocked as he changed his will when he walked out 8 years ago and he knows what I feel about helping the next generation, and now the one after the next. His famous line was, “We had to struggle, why shouldn’t they!” so you can see why I worry.

tigger Mon 26-Feb-18 10:35:13

Well done for being so brave. Not an easy choice to make but it seems you've followed your head and your heart.

Jalima1108 Mon 26-Feb-18 10:24:41

Judging by what you have described of your relationship then you have done the right thing seacliff. You must still be together for a reason though.
I heard of someone who did this without telling her husband; when she died he shocked people by saying he thought that 'all the ladies will be after me now' so it was rather a shock to him to find he didn't own the whole house and his children had inherited her half plus any assets she had in her own name.
Do make sure of the terms of your ownership, though, but I'm sure your solicitor will advise.