Wills

[EcclesCake]

If a husband and wife leave everything to each other in their wills and their children are to inherit the combined estate once both parents have died do the children get notified of this by the Executor of the first will?

[Barmaid]

No, normally the children would be notified by the exec of the second will. If the surviving spouse inherits absolutely from the first to die, the estate passes under the will of the second to die. If there is some form of trust imposed it may be different.

[EcclesCake]

Thanks for that. Apart from old fashioned honesty what is to stop the surviving spouse from changing their will?

[factor-fiction]

"what is to stop the surviving spouse from changing their will?"
The answer, I expect, is nothing- but I don't see anything wrong with that

[Barmaid]

Nothing whatsoever. If the wills are "mirror image wills" (ie mum leaves everything to dad if he survives her and if not to the kids and dad leaves everything to mum if she survives him and if not to the kids) the surviving spouse can meet a new partner and leave it all to them.

If the wills are "mutual wills" - ie there is an agreement to make wills in a particular way, it is possible to challenge a new will but this is extremely uncommon. In any event, it is still possible for the survivor to spend all the money.

The only way to stop this is for each spouse to leave a life interest to the survivor and then to the children. This means the survivor can then only dispose of their half of the estate under a new will.

[EcclesCake]

Is it not wrong if the surviving partner is not following through with the wishes of their partner?

[Barmaid]

Only if the wills are mutual wills Eccles, otherwise the survivor can do what they want.

[factor-fiction]

^Even if the surviving spouse were to change their will, the children would still be entitled to something of the estate. I don't know what percentage though.

I'm not sure about Scotland where I recall there may be such a provision, but I would have thought that in England, unless the children were financially dependent on the parent, that wouldn't apply

[woofgang]

Circs change eccles. If you are left something in a will, it becomes yours absolutely to do whatever you want with, so why is it dishonest to do whatever you want with it?

[EcclesCake]

Thanks Barmaid, we crossed posts my comment was directed at Factor30.

I believe anyone can request a copy of a will, if this is the case, is it possible to easily determine if it is a mutual will?

[Barmaid]

You are right factor. The children wouldn't be entitled to anything under the will. They could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 Act for "reasonable financial provision". They don't have to show dependency to be successful but it is recognised that adult children of working age with no disabilities and financial independence from the parents are unlikely to be successful.

[Barmaid]

It may be possible to tell from the will. It is also possible that the agreement could be contained in a separate document. With mutual wills there has to be an express agreement not to revoke, the fact that the wills are similar is not enough nor is a mutual desire that they remain unrevoked. If the estate includes interest in land this agreement must be writing. If there is no land, the agreement can be oral - although proving this when one party to the agreement is dead will be extremely difficult (the survivor would obviously say, there was no agreement, just a mutual understanding).

[factor-fiction]

Just as an aside, Barmaid, I notice your avatar shows poppies on here but a cat on your profile.
Eccles cake- are you talking about Scotland or England/Wales?

[EcclesCake]

It's English Law that will apply here. The scenario is that the couple each have children from previous marriages. One partner with two children has died. There is concern that the surviving spouse will be coerced by his children to rewrite his will to benefit his children exclusively.

[Barmaid]

I know Factor, it's the Gravatar thing. Irritating to say the least.

A common problem Eccles. In those circumstances, it might have been best for the estate to have been put in trust for the lifetime of the survivor.

Get a copy of the will from the Probate Registry and check its precise terms.

[EcclesCake]

Many thanks for all the advice.

[LoftyLottie]

Factor is correct. Only if someone dies intestate will provision me made for the children.

[LoftyLottie]

Sorry for my late posting. I wrote it then the telephone rang and so I posted it late and it was totally unnecessary.