legal/quetion re a ‘WILL ‘?
Posted in Health Insurance - Free Quotesok a huband leaves will,stating that he wishes everything be left to spouse for her to do what he sees as fit with providing there iss no loss etc etc,if that gift to her fails then it should be given to the kids.(the house was paid via the insurance)
the wife then moves in the bloke she was having an affair with to the family home,then she marrys him,then she sells the family home and clears some debt and puts the rest of it into the new house with her new husband.new bloke is an alcoholic,a bully etc etc and claims that he owns the new house as he put more into it.the wife possibly has cancer and is having very major surgery in a few weeks.now absolutly everything will go to him if she ‘goes’ first….Does this fulfil my dads wishes when he left his will?in my eyes it doesnt as he didnt do everything he could to make sure the house was paid,debts were cleared etc etc in order for my mum to set up home with the bloke she had an affair with and for his kids to be pushed aside in everything .
ive never wanted to benefit from my dads death nor do i my mums(when it happens)but i would rather see it go to charity than him have anything as he has totally wrecked our family ,maybe i just still feel bitter 3yrs on but i cant help that.
I have a copy of dads will,do i have a leg to stand on if i see a solicitor?
thanks in advance
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Posted: November 26th, 2009 at 3:27 pm |
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November 26th, 2009 at 3:31 pm
You are going to have a very hard time reversing a settled will. In any case, it sounds like a pretty standard will; ‘I leave everything after debts settled to my spouse and if she predeceases me to my children’. Nothing unusual about that.
And I think the solicitor will tell you that the assets are now hers to dispose of as she wishes.
By far the easiest way to deal witth the present issue is to talk to your mother about writing a will of her own that leaves her separate property (that is, property she owned before her second marriage and which was not comingled or spent) and her half of the marital assets to her children when she dies.
An asset acquired during the marriage is owned jointly so the house will be 50:50 owned whatever her new husband says. She will need legal advice on the drafting of this will as it may be contested.
Tell her about your concerns and about what you think were your father’s wishes and see if she is prepared to work with you.
November 26th, 2009 at 3:31 pm
I’m in the age group where spouses do begin to die, and yet the other spouse is young enough to still want to remarry. We have been advised to make our children beneficiaries of our assets, with stipulation that the surviving spouse is to be able to access the assets as long as he or she is living. However, when he or she dies, the assets are the children’s. That way, if either of us remarry, the lives we’ve built together don’t go to the children of a second wife or husband rather than to the children we raised together.
That won’t help you, though. I am sure the laws here would be different than they are where you live, but I would bet you have a "leg" here. I would see if you can get a lawyer to talk to you about the situation, and perhaps take the case on a contingency fee. It sounds cold-hearted, but talk to the lawyer BEFORE Mum passes. There may be legal steps she can take now to ensure that the entire estate doesn’t go to the bully.
If you get a share of Mum’s house should she go before the bloke with whom she lives, you can go ahead and give it to charity, but I wouldn’t fault you for using it for the good of your own children.
November 26th, 2009 at 3:31 pm
Ask the solicitor
November 26th, 2009 at 3:31 pm
I think the will has been carried out according to the persons wishes. "Everything to the to be left to the spouse to do what she she sees fit " She sees fit to be irresponsible -that’s it. A will has to be contested before it goes to probate. I don’t know why people make such a mess of their wills when it would be easy to nominate a sum to every beneficiary.
November 26th, 2009 at 3:31 pm
It is not a matter of benefiting from your parents death, it is a matter that they built and based their lives and everything in it, to "you" as their child. And you can bet your dad wanted you to have it before some stranger. He entrusted his wife with it and definitely figured in you’d be next.
Yes, take that copy of the will now, to a lawyer and find out where this clown stands, but i think your ok in this matter.
Is his name on the deed to the new house?
Best to keep an ear open that he doesn’t try to get your mom to write a new will, especially if she’s medicated or not stable. I mean, it probably wouldn’t stand up, but i can’t see him walking away without trying, especially if it pays for his lifestyle habits.
There’s a new law that’s on the move and so far has been accepted in many countries.
If a man dies and has several children from different marriages or just children different women and his will is left to a wife and just her kids. This is no longer acceptable, if anyone can prove they are a biological child of the deceased in question, then they have every right to claim the same equal share in his will as all or any of his children, whether the will states it or not.
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