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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.

bikergran Sat 31-Mar-18 09:42:08

So what if you next of kin are executors...I am for my mum...and my elder dd will be for me(who will benefit from my will) am I thought you could leave monies to executors....I always thought you couldn't leave them to witnesses of your will...I may have got it wrong...I need to be thinking of making one , it would only be a very simple one, and did think of using one that you can buy from post office.

femmeluxefinery Tue 03-Apr-18 08:39:01

Message deleted by Gransnet.

janeainsworth Tue 03-Apr-18 08:42:12

biker You are right - executors can also be beneficiaries, but witnesses cannot.

pensionpat Tue 03-Apr-18 08:44:14

Above post reported. Not Janes obviously.

bikergran Tue 03-Apr-18 09:03:54

ahh thanks jane

Witzend Wed 04-Apr-18 08:58:57

I can understand a man feeling hurt about this, and thinking his wife didn't love or trust him, but OTOH I have heard of so many cases of a widower remarrying within quite a short time, and leaving just about everything to wife no. 2.

Having said that, my will is a mirror of Dh's - whatever we have will go to the other until they die, after which except for some charity bequests, it will all go to dds and Gdcs.

I do trust Dh absolutely, but I dare say plenty of women have said that, and truly believed it, before their Dh remarried, made a new will and disinherited their children.

My Mil's father remarried not long after her mother died - the new wife whisked him off to her home country on the other side of the world and got everything when he died not many years afterwards. Poor MiL, who could really have done with a windfall, got nothing. Wife no.2 refused even to send her a piece of furniture that had belonged to her mother.

It's not as if she was young or attractive, either - she was what my father would have described as an 'old flannel drawers', ?but as my mother always maintained, having known similar, she was one of those women who know very well how to fuss over a man and make him extremely comfortable. She apparently went through 3 widowers - and buried them - before finally pegging out herself.