Inheritance Wars??? Can someone explain

No, if you die intestate your estate is divided half to your wife, (it has to be a legal marriage, or civil partnership), half to your children.

If there was a valid will you cannot disinherit a spouse “reasonable provision” has to be made, any dispute a court will decide what is reasonable

It depends entirely which country you live in what inheritance laws actually say.

I too thought marriage invalidates a will in England, but not in any other country I have ever heard of.

Scottish Law: www.lsd.law/define/bairns-part
Example: "If a father passes away and leaves behind a movable estate worth $300,000, his surviving spouse and children would be entitled to a share of the estate. If there is a surviving spouse, the legitim or bairn's part would be one-third of the estate, which is $100,000. If there is no surviving spouse, the legitim or bairn's part would be one-half of the estate, which is $150,000.'

It was UK Law, not sure of age of children but again I thought that if over 18 the wife would get it all if he died intestate.

There is no UK law on this. Scottish inheritance law is different from the rest of the UK. And I think possibly Northern Ireland is different too.

I watched the programme and have just researched further. It appears the signed will was written after the marriage and so would stand. This will gave Diana Coad the right to remain in the house until her death. She wanted more which is why she contested it. Ultimately she lost her battle and had to pay all the costs. The judge ruled the house would have to be sold to cover the costs. I didn't form a positive opinion of her and l felt she was wrong to contest the will, she certainly paid for taking the risk.

I also thought it was a dreadful programme, it's the only one of the series I've watched and doubt I'll watch another.

I was wrong about intestate, the law in England changed after 2020
A spouse gets it all up to £270, any more is shared with children

I, too, thought the woman was silly to contest the will. She should have been happy with half the value of the property. She just gave herself a lot of grief for nothing.

If you’re married or in a civil partnership and you die intestate, your spouse or civil partner will not automatically receive all of your estate. They will only receive your personal possessions, along with:

all of the rest of your estate if you have no children, grandchildren or great grandchildren.
the first £322,000 of your estate, if you have children, grandchildren or great grandchildren, plus half of the rest of the estate. The other half of the rest of the estate will go to your children. ]]www.graysons.co.uk/wills-estates-trusts/intestacy-rules/]]

M0nica

^If you’re married or in a civil partnership and you die intestate, your spouse or civil partner will not automatically receive all of your estate. They will only receive your personal possessions, along with:^

all of the rest of your estate if you have no children, grandchildren or great grandchildren.
the first £322,000 of your estate, if you have children, grandchildren or great grandchildren, plus half of the rest of the estate. The other half of the rest of the estate will go to your children. ]]www.graysons.co.uk/wills-estates-trusts/intestacy-rules/]]

Thanks Monica, your response made me take a look on the Gov site, I never knew that, just goes to show. Glad we've done our Wills.

I knew it was something like that Monica, that's why it is important to make a will.

Is it true that, if you die intestate your spouse or civil partner will only receive up to a certain amount and the rest goes to the State?

seadragon

Scottish Law: www.lsd.law/define/bairns-part
Example: "If a father passes away and leaves behind a movable estate worth $300,000, his surviving spouse and children would be entitled to a share of the estate. If there is a surviving spouse, the legitim or bairn's part would be one-third of the estate, which is $100,000. If there is no surviving spouse, the legitim or bairn's part would be one-half of the estate, which is $150,000.'

The bairns have to put in a claim for their share if there is a will leaving them out . You cannot disinherit your children in Scotland but all they can claim on is the " movable estate " not a dwelling house. Most bairns that I know would not dream of taking money away from their mother or father who was left behind but if there are only the children left that is a different matter.

The problem floradora is that these laws were all passed a at a time when a lifelong marriage was the norm and there were not the huge number of variations in family situations, divorces, remarriages, step children, children from two marriages etc etc.

The lesson to be learnt is to make a will - and make it as soon as you marry/have children. It can then be revised at regular intervals. DH and I made wills as soon as our first child was born and have revised it every 10 0r 15 years since.

I believe a Will is not necessarily invalid upon marriage, if the Will has a clause written in declaring that it is being drawn up in anticipation of marriage.

I'm not sure though if the intended spouse needs to be identified, or a date by which the marriage is to take place are required to be documented within the Will.

Thanks for clarification. I thought will made by her husband was written before he married her.... lot of repetition so only half watched on iplayer so at least did not have to bother with ad breaks.

I have a will that states the will is to remain valid in anticipation of marriage to ( named partner )
This is because whilst we have been together 25 years we have yet to marry but are not ruling it out.
We also both have children from a former marriage but no joint children.
I have left him some money but the bulk of my estate goes to my adult children.
He also can remain in the home , owned 50/50 and on his death my share goes to my adult children.
Also to watertight my estate , in the event of a death of my child , their children will inherit. This has been done to safeguard that portion of their estate ( via inheritance) not automatically being passed to their spouse who technically could spend it however they chose.
I realise it sounds very clinical but you can never be too safe when it comes to it.

I thought the lady in question was wrong to dispute a half share. This is surely acceptable bearing in mind that he has children and they should reasonably be eligible for receiving half their father's house ( which I understand he owned pre meeting this person)
Maybe he should have given her a lifetime interest and offer that she has use of all the money to buy elsewhere, but with a trust to ensure that kids get half value of this house when she dies. Unless she decides to give them some money earlier from sale of current house. This would give her free choice to buy a different property in her lifetime but knowing that the kids money is invested in whatever property she buys.

The woman in the last one was a money grabbing horror in my opinion. She had a home and then lost it, but what a waste of time and money. Her husband would have been appalled.

I watched the program and thought she was being greedy and unrealistic to deny the husband's children of all their inheritance. She was arguing that that she had no income to meet the actual costs of maintining the house. However as one of the solicitors pointed out she could have raised some capital via equity release by using her half of the property as collateral. Before the case began her legal advisor would have urged her to enter into mediation. She came across to me as self pitying and grabby.

There are a lot of people out there who, I’m sure, wouldn’t bother to get married but when they realise that their partner owns their own home they will push to marry to get their hands on the home.

I’m very cynical due to a friend going into dating sites and the ladies eyes lighting up when they realise he has money, a huge house and no debts. Odd that all of the ladies so far have lived in rented accommodation and have very little money.

One is still hanging on, even though he keeps telling her he has no intention of remarrying or letting her move in. His will leaves everything to his children.