wills

[chas2008]

my father-in-law wants to leave everything to my wife, he is still living with his wife(my ma-in-law)..but they dont really get on.
I know you can leave what you want to who you want but where do you draw the line at whats joint ownership ? bit of a grey area really.

[Ethel]

Are they still living together? Is her name on the Title Register or Deeds? If so, is it a joint tenancy or tenancy in common?

Is she financially dependent on him?

He can't leave what he doesn't own so if they own the house as joint tenants he can't leave it to his daughter. If they own it as tenants in common he can leave his share to his daughter but his wife will still own her share.

He can leave his personal effects to his daughter, but not jointly owned furniture and so on, unless there are specific items which are known and understood to be his.

[terambulan]

Watch out for the value of his estate as your wife may be liable for inheritance tax.

[chas2008]

yes they are, and both retired, think ive got my head around the property and personell effects, its bank accounts & savings that are a very iffy area

[chas2008]

wont fall into inheritance tax...

[Ethel]

Money in his own bank accounts and savings accounts are personal effects that he can do with as he wishes - if it is in joint accounts it is automatically his wife's.

[chas2008]

oops, thats just clarified something, although its fairly obvious really.
thanks

[dzug]

If his wife is financially dependent on him then he cannot do what he likes with his assets. He must make reasonable provision for her (which doesn't mean she gets everything).

A court will decide on what is reasonable provision if necessary

[Barmaid]

dzug, she does not have to be financially dependent, although he can do what he likes. If they are still married when he dies, she has a claim for reasonable financial provision whether or not required for her maintenance under the Inheritance (Provision for family and Dependants) act 1975. The court looks at a number of matters including duration of marriage, age of widow and contribution (not just financial) to the children and what she would have received on divorce. She does not have to show financial dependency.