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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am about to be married, I have a child by previous marriage,

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I am about to be married, I have a child by previous marriage, my partner has three children. The intention is if I die then my estate goes to my wife, on her death the estate is split with my son receiving 55% of the estate my wife's children equally split the 45%. What is the situation if I die first, could my wife then sell the family home and give the money solely to her children, or, spend the majority of the estate so on her death the actual estate to split is very small
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.



Is the family home owned jointly and, if so, do you hold your interest as tenants in common or joint tenants?


Kind regards,


Customer: replied 5 years ago.

If I die, the family home will transfer to my partner and all assets will transfer as well. The understanding on her death is that the estate is split 55% to my son, 45% split between her three children.


The family home is in my name at the moment

Expert:  Thomas replied 5 years ago.

If your residuary estate (everything after any specific legacies) is to pass to you wife absolutely upon your death then it will be her decision who to leave these to after her death because they will form part of her estate and she may leave them to whomsoever she wishes.


If you do this you have no guarantee that any of "your" estate will then pass upon her death in the way you hope.


It would be better to have your will drafted so as to leave her a fixed amount (ie. fraction or percentage) of the your residuary estate and fixed amounts to your child and her other children.


Leave her a life interest in your residuary estate, so that she can remain in the house until she dies and receives the income from any other assets you hold until she dies and then direct that the residuary estate passes according to the percentages you specify (eg 55% to son, 45% to wife's children).


It is important that your Will is drafted correctly and a local solicitor will take specific instructions from you, provide basic estate planning advice and arrange the drafting and erection of your Will for around £150+VAT. This is an extremely small price to pay for security.


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Kind regards,


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