You’re welcome, maturefloosy, but please follow GSM’s advice too. She is a ( retired) solicitor.
Hysteroscopy using spinal block/epidural
You’re welcome, maturefloosy, but please follow GSM’s advice too. She is a ( retired) solicitor.
Cabbie21 Thankyou for that advice - I think he was never happy about the Trust arrangement but his then Wife was dying and he said he didn't want to upset her further - he doesn't 'do' Confrontation! I assumed the Trust carries forward to the new property - -
I don't think he was being underhand about it - just didn't feature in his mind as being important until the subject came up !!
You are right though - I need to find out how the Trust fund applies to the new house and where I will be upon my husbands death if he goes before me.
Thankyou for your advice.
It’s impossible to properly understand the situation on the details given. The original house placed into a trust having been sold by your husband and another bought in its place, in his name only, is difficult to understand. You need to see the document which set up the trust and take professional advice on your situation. It may be that the late wife and your husband created trusts in their wills, but your husband’s will was automatically revoked when he married you so he is intestate.
You can obtain a copy of the late wife’s will - www.gov.uk/search-will-probate
Given that you were unaware of this situation, if your husband refuses to show you the document creating the trust obtaining a copy of his wife’s will is no betrayal.
Letters of wishes are not binding on the executors when someone dies - make sure your husband understands that.
Oh, that is a bit different then.
If your husband dies intestate (ie his previous will is no longer valid), you will be his primary heir. What is there for you to inherit? Apparently not the house.
I find it hard to understand how someone can marry a woman and not make it plain that the house he buys for them both to live in will never be hers. Is that in fact the case, or is it possible that the Trust did not somehow carry forward into the new property?
You need to find out exactly how the original Trust relates to the newer property.
Given the way the wool has been pulled over your eyes, I don’t think you are under any obligation to carry out your husband’s wishes, if he dies first. You need to find out exactly what’s what legally, and take advice.
Astitchintime Sorry I get confused about it all as well!!
There are two children from my husbands marriage to his first wife and two children from his second wifes' first marriage too.
So upon previous wifes death she wanted her 2 children and his 2 children from other marriages to all be Trustees in the Trust fund - where the house was placed before she died.
My understanding was that the house was, in effect left to them on my husbands death.
"This was all revealed to me after our marriage and I had to get my head around the fact that the house I live in was owned by 4 other people upon my new Husband's death." Has there been another person added to the beneficiaries? OP stated that there were two children to her husbands first marriage - I'm puzzled as to the four other people owning the house after her husband dies.
I'd suggest professional advice too, can you speak to the company holding the trust for clarification, after all isn't it your home in question?
Cabbie21 Thankyou for that - I understood that once a house was put in a Trust fund - it belonged to the Trustees and was in effect ' given away'.
Yes our house is in my Husbands name only and No he hasn't made a new Will yet although we have been married for 3 years.
You need professional advice. There are too many variables.
Could you ask him to clarify exactly how the current house is owned and by whom?
I am guessing that he and his first wife owned the previous house as tenants-in-common, which gave them each the right to leave their half in their will. But what about the present house? I presume it is in his sole name, and in his will he has left it to his children?
Did he make a new will after you married? Marriage invalidates any previous will. A letter of wishes is not binding. This needs sorting out.
I am sure GSM will be along to clarify.
When my second husband and I married, within a year we had bought a house together in joint names, which we later changed to tenants-in-common, so we could each leave our half to our own children from our previous marriages. Our wills were also very specific about the right of the surviving spouse to remain in the house after the death of the first spouse, or to sell and use the equity for a different property.
Your security is important.
Before my husband's previous wife sadly died she made her Will putting the house they shared into a Trust Fund for her two and her husbands' two children . Her husband also made his Will and agreed the same.,
Move on 2 years and i met him and he sold the house and bought another for us to live in. The price was below the price of the house he sold but has now risen to exceed the original purchase price . This was all revealed to me after our marriage and I had to get my head around the fact that the house I live in was owned by 4 other people upon my new Husband's death. I am not sure where I stand if Husband dies before me although he has put a note of 'his wishes' for me to remain in the house for as long as I want or need to'. He is reluctant to talk about this now saying he has sorted it by writing the note of his wishes.
However - - I think I need to know if the sale of the house we live in now would be classed as the original sale price of the house ( in the Trust Fund) he shared upon his previous wife's death - or the whole amount of the house I live in now - taking over any equity that I have brought to the property within our marriage.
My husband has not renewed his Will since our marriage so I obviously would honour all his wishes.
Would welcome advice - I know eventually I will have to consult a Solicitor but dont want to rock the boat at the moment.!
Registering is free, easy, and means you can join the discussion, watch threads and lots more.
Register now »Already registered? Log in with:
Gransnet »Get our top conversations, latest advice, fantastic competitions, and more, straight to your inbox. Sign up to our daily newsletter here.