will n step children

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loulou117

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Hoping someone can advise me. I plan on making a will just a straight forward one, my concern is my dh has other children from a previous relationship and I want to make sure that when i'm gone my home is left to our children only...will me making a will sort this out or should my husband make a separate will also, just to be clear when I die my mortgage dies also and my husband being my spouse will obviously be entitled to the house but lets say then if he died will my house be left to my children upon my request (i.e my will).
 
whose name is the house in?

It it is yours solely and you leave it, in your will, to your husband then he can leave it to whomever he likes when he dies. If he dies intestate (without a will) all his children will get a share of his assets (including the house).

Alternatively, you could leave the house to your children only with a right of residence to your husband.

If the house is in joint names, it does not form part of your estate (and so cannot be passed by will). It will automatically pass to your husband on death and, again, he can leave it to whomever he wants.
 
yes nige, the house is in my name only.... but after talking to my husband he too is going to make a will and make sure it states our children only. But, I do like the idea of leaving it to my children and giving my husband the right of residence, I didn't know I could do that, I was aware if I died first then my husband has automatic legal right to the house and I read he has a legal right even over my bequests??
 
loulou117 said:
yes nige, the house is in my name only.... but after talking to my husband he too is going to make a will and make sure it states our children only. But, I do like the idea of leaving it to my children and giving my husband the right of residence, I didn't know I could do that, I was aware if I died first then my husband has automatic legal right to the house and I read he has a legal right even over my bequests??
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Its not strictly true that your husband has a legal right to inherit your house, but he does have a right to a part of your estate.

There is some relevant information here about the legal right of your spouse to a share of your estate.

http://www.citizensinformation.ie/e...estate/what_happens_the_deceaseds_estate.html

You need to go to a Solicitor and outline what you want to do and the solicitor will explain the options and help you write a will. If you and your husband agree when I would advise that you both go and get both wills written at the same time.

Also, the age of your children is relevant. Are they under 18 ?
 
yes all children are under the age of 18.

Do you see, my issue is not what my husband is entitled too, I am very happy that if I went first that the house is left to my husband and children my problem is, I do not want my husbands other children to have any entitlement to my home, I suppose i'm just taking the worse case scenario and I feel its important that in the event of both of our deaths that my children are left our home.

I see now its important that my husband set a will out also. I have drawn up sample wilsl and I was going to get my parents to sign it at the weekend but I will also seek a professional to look over it. thks
 
loulou117 said:
I see now its important that my husband set a will out also. I have drawn up sample wilsl and I was going to get my parents to sign it at the weekend but I will also seek a professional to look over it. thks
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In these circumstances, I would strongly advise that you not rely on wills drawn up by yourself. If you draw up the wills incorrectly, and the wording not legally correct, your step-children might just get a share of your house when your husband dies,

Have you considered what happens if both you and your husband die while your children are still under 18.

If you care enough about this issue, pay a few hundred euro for a trip to a solicitor and ensure that you have done it correctly.
 
Thanks huskerdu, for that advise and yes I agree it is important enough and I think we will just go to a solicitor because I know its crucial to have the wording correct.

And that is my concern, if we both go while their under 18yrs, I would prefer to have this all in place properly.

My step children are well off and have a couple of properties (i.e. their other parent) and our small house will never amount to too much but I want to make sure as its all I have that it goes to my children only.

thank you for your advice, I appreciate that.
 
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