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How can I safeguard my daughters inheritance

(24 Posts)
HildaW Sun 08-Jul-18 17:06:14

Luckylegs9 - yes such a scenario is more common than we might think (see my previous post). Once someone has died there is no safe way of protecting wishes other than unambiguous legal arrangements. Its always very important to let everyone who might have an interest know about such arrangements and to lodge them somewhere official and secure. It has been known for certain parties to 'forget' that documents do exist!

Luckylegs9 Sat 07-Jul-18 16:15:51

My own father remarried six months after my mother died, they had been happily married 40 years, but he said he didn't want to be the rest of his life alone. We got not a penny when he died, she promised we would but soon moved on to her next husband and left the area. Tenants in common is the way to safeguard your wishes.

OldMeg Thu 05-Jul-18 18:53:06

See a solicitor- they deal with this all the time.

It’s naive to think your DH will honour the agreement unless it’s set out in legalise. My SiL’s father remarried just a year after his wife died. There’s no fool like an old fool but he’s being led by his ***.
He’s yet to make a will. If he dies (he’s 78) she and her family will get it all.

Happens all the time.

Witzend Thu 05-Jul-18 18:19:45

This thread has reminded me that our house really should be tenants in common. As things stand, I do trust my dh absolutely, but who knows what may happen in future. I do think elderly widowers can be very susceptible, and I don't just mean to busty blondes, etc., but just to a woman who knows how to make them very comfortable domestically.

I have known a few formerly devoted husbands who went on to remarry, when nobody had ever imagined such a thing. My own MiL's father did, and the new wife got everything when he died just a very few years later.

Melanieeastanglia Thu 05-Jul-18 15:38:15

I'll be truthful. I don't know the answer but I wonder if you could make a half hour (possibly free of charge) appointment with a Solicitor. Ask them how to organise things as I am sure they have come up against this problem before.

If your relationship with your husband is good, he could perhaps come along with you and that way there would be complete transparency.

Good luck!

petra Wed 04-Jul-18 22:54:18

Exactly as some have said: tenants in common. Much the same situation as yourself, children and step children, and jointly owned properties.

Bridgeit Wed 04-Jul-18 18:39:18

Definitely Tennenants in common is the way to go, worth spending a small amount to add this bit to your will

LouLou21 Wed 04-Jul-18 18:32:42

Thank you all so much for your advice. I do completely trust my husband, but strange things happen, my own father swore that he would never marry again after over forty years with my mother, and he didn’t for quite some time but then he did and when he died none of his children got so much as a keepsake and when his second wife died her children had everything, and I can’t help this coming to mind.

Lazigirl Wed 04-Jul-18 18:25:41

You can arrange a Trust to leave your share of property to your child/ren as long as you are tenants in common. In England anyway.

Floradora9 Wed 04-Jul-18 18:10:42

marriage in Scotland does not invalidate a will made beforehand .This can be a big problem if a new will is not made with regard to new spouse .

muffinthemoo Wed 04-Jul-18 16:31:07

A will plus the accompanying advice is a few hundred pounds, tops. It will give you invaluable peace of mind and certainty.

GillT57 Wed 04-Jul-18 16:13:25

Get legal advice. It is not difficult or expensive to do so and will save misunderstandings and possible heartache in the future.

HildaW Wed 04-Jul-18 15:21:43

My mother trusted our father.....he disinherited all three of his own children and left our family home to a friend....be warned get good legal advise!

maryeliza54 Wed 04-Jul-18 13:32:54

Marriage invalidates any existing will. If no new will is made intestacy rules apply

Liz46 Wed 04-Jul-18 13:32:43

Very similar to what kittylester said. We are tenants in common and our share of the house will go to our own children with the proviso that the survivor is allowed to live in the house. Any money just in my name would go immediately to my daughters and his to his daughters. The funeral would be paid for out of our own account. We have recently sent an email to all of our daughters also adding that, if the survivor wanted to move, maybe to a flat, please allow them to do this and transfer the money to a new property.

One of my daughters commented 'I suppose you want Freddie singing at your funeral'. I am still a Freddie Mercury fan so I replied 'ok, Another One Bites the Dust'. My husband, a Chris Rea fan, suggested Road to Hell for him. I think all the daughters are still not sure if we were joking!

kittylester Wed 04-Jul-18 13:26:41

I think I've mentioned before in this context that my mum's neighbours had one son who would have expected to inherit the house, investments etc. The mother died, the father remarried a woman who had 3 daughters. The father then died without changing his will and the son was not even allowed any of his family's photos.

maryeliza54 Wed 04-Jul-18 13:03:12

My aunt was married to my uncle. She trusted him completely . She died. He remarried and didn’t do a new will. She and her children did very well out of it. Get it sorted Trust is not enough

trisher Wed 04-Jul-18 11:42:31

Surely he would have the same problem? If he dies first will you re-marry and how can he safeguard his children's interests? Perhaps you could discuss it and look at ways of doing this, perhaps by setting up trusts or something similar. You need proper legal advice on it anyway.

jenpax Wed 04-Jul-18 11:40:16

Tenants in common is the way forward as Kitty points out. You should see your solicitor to get this in hand.

Coolgran65 Wed 04-Jul-18 11:34:36

Kitty is correct. Joint owners means the property will go the remaining joint owner.
It needs to be Tenants in Common if she wishes to leave her half to her daughter.

kittylester Wed 04-Jul-18 11:17:54

You could change to hold the properties as tenants in common. You would each own your own half and could leave it how you wanted Eg If you die first your husband could have a life time right to live in the properties and receive any income from them but, when he dies, your half goes to your daughter. And vice versa. Your half couldn't be used to pay for his care in that case and vice versa.

You need to discuss with a solicitor.

Oldwoman70 Wed 04-Jul-18 11:15:02

I think in your Will you can give your husband a life interest in your share of joint assets and on his death your share is divided as per your Will. I am not 100% on this so would advise you see a Solicitor.

Ilovecheese Wed 04-Jul-18 11:10:15

You married him, so surely you trust him. Why would he change the will? If he marries again he can still leave your daughter money in his will. Why marry him if you don't think he will be fair to your daughter?

Surely getting married is about trust.

LouLou21 Wed 04-Jul-18 10:58:09

My DH and I have two jointly owned properties we both agree that when one of us goes our wills will say that the survivor will keep the houses and any money until such time as they follow on. Then everything will be divided between his two children and my one (all grown up), but what if he decides to marry again or even just change the will, or not make another up to date one, I cannot bear the thought of my daughter not having anything, but can’t see a way round it. As I understand I cannot do a will leaving a share to my daughter as everything is jointly owned.