[Help] Any solicitors/family lawyers able to give quick advice on wills/inheritance issue?

[Tom Hark Preston Park]

With the benefit of hindsight, your mother ought to have considered making direct provision for you and your brother in her will.

Yup, this. Condolences etc. but Mirror Wills appear to be taken largely on trust with no real basis in law. How long does that trust last? Probably until the next major life change of the surviving partner. Doesn't seem fair, but maybe OP should ask himself how things might have panned out if the step-dad had subsequently re-married. How long does a Mirror Will have any kind of leverage, if it ever had any kind of leverage at all? Does seem unfair, but in this instance, due to the time elapsed, I'd be inclined to settle for the 10% rather than burn money on solicitor fees

 

[Eeyore]

[MENTION=1272]bhafc99[/MENTION]

I've taken an interest in wills and probate since I had to deal with a case start to finish a couple of years back and also had to take legal advice concerning my own will.

Mirror wills can be legally binding, but this largely depends on the promises made at the time. Contractual obligations and moral obligations are different things. A person is entitled to change their will, however, there is a small but..

Below is a judgement in 2017 concerning a similar situation that may bring some hope. A careful read is suggested. But that said, as things stand, I'd say this doesn't mean you will get your mother's wish fulfilled. But I thought it good to link it for you.

http://www.bailii.org/cgi-bin/forma...17/2088.html&query=(legg)+AND+(v)+AND+(burton)

 

[drew]

I am second married and we both have 2 children from our 1st marriages. We did our wills exactly the same, leave 100% to the other and then when they pass away they leave 25% to each child. The solicitor we went to impressed on us that the surviving partner could change their will if so desired so there was a large element of trust.

That said, if I were the OP I would definitely be seeking legal advice and the point made by [MENTION=27447]Goldstone1976[/MENTION] re the value of what you are missing out on needs to be considered

Isn't that the same situation that the OP's mother was in, ie trusting her new partner. I can imagine a difficult discussion ahead but seems you should both change your wills, something along the lines that someone else mentioned, ie your half of the property is left to your kids but with your wife being a lifetime tenant and if she did the same then surely that's fair?

 

[Rugrat]

Isn't that the same situation that the OP's mother was in, ie trusting her new partner. I can imagine a difficult discussion ahead but seems you should both change your wills, something along the lines that someone else mentioned, ie your half of the property is left to your kids but with your wife being a lifetime tenant and if she did the same then surely that's fair?

It is the same situation as OP yes. As for the legalities of lifetime tenant I'm not sure but if the surviving partner needs to sell (for what is possibly a whole lot of different reasons) then that leads to potential issues

 

[drew]

It is the same situation as OP yes. As for the legalities of lifetime tenant I'm not sure but if the surviving partner needs to sell (for what is possibly a whole lot of different reasons) then that leads to potential issues

Possibly, but if they have to do that, they could do it with the agreement of the children who would retain ownership/equity!

As per the OP, and also a friend of mine had similar problems when their father died and the step mother reneged on agreements, are you prepared to risk your kids inheritance?

 

[m20gull]

We’re just in the process of redoing our wills and to make sure that what we leave eventually goes where we intend our solicitor has suggested we set up a will trust. I’m not convinced personally, seems to suggest the opposite to its name, a level of mis-trust rather than trust.

Having read this thread though I can see where our solicitor is coming from.

We went down the trust route as we could see the risk of ending up in the OP's situation. I cannot add any advice to help the OP as I imagine the solicitor is probably correct but you never know with the law.

 

[mr sheen]

Possibly, but if they have to do that, they could do it with the agreement of the children who would retain ownership/equity!

As per the OP, and also a friend of mine had similar problems when their father died and the step mother reneged on agreements, are you prepared to risk your kids inheritance?

Fine if the step kids agree. If someone dies whilst the spouse if of working age, they may need to move for work. They may need to pay for care etc.

 

[symyjym]

You could try to use the Islamic Inheritance Calculator and see how it works out:

http://inheritance.ilmsummit.org/projects/inheritance/home.aspx

 

[drew]

Fine if the step kids agree. If someone dies whilst the spouse if of working age, they may need to move for work. They may need to pay for care etc.

Not saying there aren't pros or cons but the overall downside is what has happened to the OP. If the ex moves for work then the equity in the current house is transferred to the new one. Kids retain the same inheritance, the ex gets to live nearer where they work. As for care, if they don't own the house then it can't be used to fund care. The alternative is the ex retains ownership, spends it on care the kids still don't get their inheritance.

 

[Norman Potting]

You could try to use the Islamic Inheritance Calculator and see how it works out:

http://inheritance.ilmsummit.org/projects/inheritance/home.aspx

The curse of spellchecker strikes again!

 

[Recidivist]

You could have just cut out the " middleman "

Leave the house in full to your kids but make your wife a " Lifetime Tenant " of the property.

Just means that it's owned by the kids but they can't get their hands on it until the demise of your wife

Without owning the house outright she won’t have enough resources to live on a day-to-day basis as the bulk of my estate is tied up in my pension fund which for various reasons would be very difficult to will to my wife.

Believe me, I’ve spent much time and effort with my solicitor to square this particular circle but, unless you’re prepared and able to spend a lot of money setting up trusts and getting professionals to run it, it’s very difficult to ensure your wishes are carried out.....




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[mr sheen]

Not saying there aren't pros or cons but the overall downside is what has happened to the OP. If the ex moves for work then the equity in the current house is transferred to the new one. Kids retain the same inheritance, the ex gets to live nearer where they work. As for care, if they don't own the house then it can't be used to fund care. The alternative is the ex retains ownership, spends it on care the kids still don't get their inheritance.

Fine for some families, not all. With second marriages, the surviving one can sometimes be similar age to the step kids.

 

[shingle]

I would have thought you have a case as your Mum’s wishes were clearly stated. Do you have proof of the earlier wills?
Questions that need to be asked are why the stepdad changed the agreed intention? Was he over influenced by others? Was he in a fit state of mind when he made the changes. Who witnessed the changed will? Was it done in a solicitors office?
Anyway those are the questions I would want answers to. Definitely get specialist legal advice.

This is the route to go down imo

 

[drew]

Fine for some families, not all. With second marriages, the surviving one can sometimes be similar age to the step kids.

Not quite sure why that makes a difference! So they live to the same age as the kids, the inheritance will pass down according to the wills of the kids!